Higher Education Provider Approval No 1 of 2016

Administered by Department of Education

Legislation au F2016L01025 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Approval and Notice of Approval under section 16-25 and subsection 16-50(1)

of the Higher Education Support Act 2003

 

Higher Education Provider Approval No. 1 of 2016

 

Issued by the authority of the Minister for Education and Training

 

Authority

Section 1625 of Higher Education Support Act 2003 (HESA) provides for the approval of bodies as Higher Education Providers by the Minister. Paragraph 1650(1)(a) of HESA provides that the Minister must decide an application for approval as a Higher Education Provider and under paragraph 1650(1)(b) cause the applicant to be notified in writing whether or not the applicant is approved as a Higher Education Provider.

Subsection 16-55(1) of HESA stipulates that a notice of approval under paragraph 1650(1)(b) of HESA is a legislative instrument.

Purpose

This instrument:

  1. approves North Metropolitan TAFE (ABN: 23 489 495 403) as a Higher Education Provider under section 1625 of HESA from 28 April 2016;
  2. decides the application of North Metropolitan TAFE for the purposes of paragraph 1650(1)(a) of HESA; and
  3. gives North Metropolitan TAFE notice of that approval for the purposes of paragraph 1650(1)(b) of HESA.

Background

On 29 February 2016 the Commonwealth was notified by the Western Australian (WA) Minister for Training and Workforce Development that the functions of two approved higher education providers, the Central Institute of Technology and the West Coast Institute of Training, were being transferred to North Metropolitan TAFE with a date of effect of 11 April 2016.

The timing of the registration of North Metropolitan TAFE as a higher education provider under the Tertiary Education Quality Standards Agency Act 2011 precluded North Metropolitan TAFE from meeting the threshold requirements for approval as a Higher Education Provider until 28 April 2016.


Commencement

The Commonwealth can ensure that there is no disadvantage to students that enrolled with Central Institute of Technology and the West Coast Institute of Training and are entitled to FEE-HELP only by granting approval of North Metropolitan TAFE as a higher education provider with retrospective effect from 28 April 2016.

The Commonwealth’s purpose in approving this application in this manner will ensure continuity of student arrangements as Central Institute of Technology and West Coast Institute of Training cease and are effectively amalgamated into North Metropolitan TAFE. This will ensure that students are not disadvantaged or unable to continue their courses of study by the process of transferring functions required by the Western Australian Government decision to restructure its TAFE system.

The Instrument commences on 28 April 2016.  The retrospective commencement of this instrument does not trigger subsection 12(2) of the Legislation Act 2003 because the Instrument is beneficial in nature and does not affect the rights or liabilities of a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date of registration.

Consultation

Consultation was not undertaken in this case as the notice confers a benefit on North Metropolitan TAFE and this body is the only body affected by the notice.  This notice will not have a direct or substantial indirect effect on business, nor will it restrict competition.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Notice of Approval

 

This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Instrument is made by the Minister under subsection 1625(1), paragraph 1650(1)(b) and subsection 1655(1) of HESA. The purpose of the Instrument is to approve North Metropolitan TAFE (ABN: 23 489 495 403) as a Higher Education provider for the purposes of FEEHELP assistance under HESA. For approval as a Higher Education Provider the Minister must be satisfied that the body meets the requirements of section 1625 and section 16-27 of HESA.

 

Human rights implications

 

Right to education

 

The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of education by North Metropolitan TAFE by approving it as a Higher Education provider for the purposes of FEEHELP assistance under HESA, enabling it to offer FEE-HELP assistance to its eligible students.

 

The objective of the Instrument is to approve North Metropolitan TAFE as a Higher Education provider under HESA and thereby enable eligible students of North Metropolitan TAFE to continue to access FEEHELP assistance for courses of study.

 

To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument approves North Metropolitan TAFE as a Higher Education provider, thereby extending FEEHELP assistance and the availability of education to its eligible students.

 

Conclusion

 

This Instrument is compatible with human rights because it advances the protection of human rights.

Overview

The Higher Education Support Act 2003 (HESA) was enacted to provide a legislative framework for the support of higher education providers and the regulation of student assistance schemes, including FEE-HELP. One of the key gaps it aimed to address was ensuring the continuity of educational services and financial support for students when higher education providers undergo restructuring or amalgamation. The Act provides for the approval of bodies as Higher Education Providers by the Minister for Education and Training, as well as the notification of applicants regarding their approval status. The Higher Education Provider Approval No. 1 of 2016, issued under section 16-25 and subsection 16-50(1) of HESA, aims to approve North Metropolitan TAFE as a Higher Education Provider, thereby facilitating the transfer of functions from Central Institute of Technology and West Coast Institute of Training without disadvantaging students. This approval ensures that students can continue their courses of study and access FEE-HELP assistance, maintaining the educational continuity required by the restructuring of the Western Australian TAFE system.

Scope and Application

The Higher Education Provider Approval No. 1 of 2016, issued under the authority of the Minister for Education and Training, serves to approve North Metropolitan TAFE as a Higher Education Provider under section 16-25 of the Higher Education Support Act 2003 (HESA). This approval is effective from 28 April 2016, ensuring continuity of student arrangements as the functions of two other higher education providers, the Central Institute of Technology and the West Coast Institute of Training, are transferred to North Metropolitan TAFE. The legislation ensures that students are not disadvantaged by this transition and can continue their courses of study without interruption. The approval is made in accordance with subsections 16-50(1) and 16-55(1) of HESA, and it is a legislative instrument that notifies North Metropolitan TAFE of the approval. The retrospective commencement does not affect the rights or liabilities of individuals other than the Commonwealth, as it is deemed beneficial in nature. The legislation applies specifically to North Metropolitan TAFE and is designed to ensure that the educational services it provides meet the standards required for HESA approval. The geographic reach of the approval is national, as it pertains to the operation of a higher education provider within Australia. The approval is granted under the Commonwealth's jurisdiction and is intended to support the provision of education services across the country. There are no stated exclusions or exemptions in this legislation, and it does not extend or restrict application through subordinate instruments. The approval process ensures that North Metropolitan TAFE meets all necessary criteria to offer FEE-HELP assistance to its eligible students, thereby promoting access to higher education.

Key Provisions

Section 16-25 of the Higher Education Support Act 2003 (HESA) outlines the provisions for the approval of bodies as Higher Education Providers by the Minister for Education and Training. This approval is essential for entities to provide courses eligible for FEE-HELP assistance. Under section 16-50(1)(a) of HESA, the Minister must evaluate an application for approval and decide whether to approve the applicant as a Higher Education Provider. Section 16-50(1)(b) requires the Minister to notify the applicant in writing of the decision. Furthermore, subsection 16-55(1) of HESA mandates that the notice of approval is a legislative instrument. The Act imposes several obligations and requirements on the entities it governs. Primarily, it mandates that the Minister must ensure that the Higher Education Provider meets specific criteria, as stipulated in sections 16-25 and 16-27 of HESA. These criteria likely include standards related to the quality and delivery of educational services, financial stability, and governance structures. Additionally, the Minister must provide clear and formal notification of the approval decision, ensuring that the provider and relevant stakeholders are informed of the status of the approval process. Failure to comply with the requirements or breach of the provisions outlined in the Act may result in various consequences. While the specific penalties are not detailed in the document, breaches typically lead to revocation of approval, financial penalties, or other administrative actions. The severity of the penalty would depend on the nature and extent of the breach, with potential implications for the institution’s ability to operate as a Higher Education Provider and offer FEE-HELP assistance. These measures are designed to maintain the integrity and quality of the higher education sector in Australia.

Legal classification tags

Area of Law
Education Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Human Rights Law

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.