Higher Education Provider Approval No. 1 of 2018

Overview

The Higher Education Support Act 2003, enacted by the Australian Parliament, aims to provide a framework for the regulation and support of higher education providers in Australia. The legislation was introduced to address the need for a structured system of approval and oversight of higher education institutions, ensuring that they meet certain standards and criteria. Section 16-25 of the Act allows the Minister or their delegate to approve bodies as higher education providers, while section 16-50 mandates that the Minister must notify applicants in writing of the approval decision. This legislative instrument, issued under the authority of the Minister for Education and Training, serves to approve the Health Education and Training Institute as a higher education provider, impose specific conditions on this approval, and communicate this decision to the Institute. The policy objective is to facilitate access to FEE-HELP assistance for eligible students of approved institutions, thereby supporting the provision of higher education and training services.

Scope and Application

This legislative instrument, F2018L00259, serves to approve Health Education and Training Institute (ABN: 82 914 196 002) as a higher education provider under Section 16-25 of the Higher Education Support Act 2003. The approval is issued by the Minister or the Minister's delegate for Education and Training, who has the authority to decide on such applications under Section 16-50 of the Act. The approval is subject to specific conditions set forth in the notice, and it allows the Institute to offer FEE-HELP assistance to its eligible students, thereby facilitating access to higher education. The approval becomes effective the day after the notice is registered on the Federal Register of Legislation. The instrument also complies with human rights, particularly the right to education, by enabling the Institute to extend its educational services to eligible students. The Act applies specifically to Health Education and Training Institute, focusing on its approval as a higher education provider. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds in this particular instrument, but the Minister retains the power to impose, vary, suspend, or revoke conditions under which the approval is granted. This legislative instrument is compatible with human rights as it promotes the right to education by enabling the Institute to offer higher education and training services to its students.

Key Provisions

The main operative sections of this legislation, specifically sections 16-25 and 16-50 of the Higher Education Support Act 2003, establish the framework for the approval of bodies as higher education providers by the Minister. Section 16-25 allows for the approval of a body as a higher education provider, while section 16-50 requires the Minister to decide on the approval of such bodies and notify the applicant in writing of the decision. The Minister has also delegated the power to approve higher education providers to an APS employee responsible for administering the Act under section 238-5 of the Act. A notice of approval is considered a legislative instrument under subsection 16-55(1) of the Act. The obligations imposed by the Act on the parties it governs include the requirement that the Minister be satisfied that the body meets the necessary requirements to be approved as a higher education provider, as outlined in section 16-25 of the Act. The Minister must also decide on the application for approval and provide written notification of the decision, as stipulated in section 16-50. Furthermore, the Minister has the authority to impose or vary conditions on the approval of a body as a higher education provider under section 16-60, and can suspend or revoke approval if conditions are breached. In terms of consequences for breach, the Act allows for the suspension or revocation of approval as a higher education provider if the body breaches any of the imposed conditions. These actions are governed by subsections 22-15(1) and 22-30(1) of the Act. While the legislation does not specify particular criminal or civil penalties for breaches, the authority to suspend or revoke approval serves as a significant deterrent against non-compliance. The legislation is compatible with human rights as it engages the right to education by approving Health Education and Training Institute as a higher education provider, thereby enabling eligible students to access FEE-HELP assistance for courses of study. This approval extends the availability of education to eligible students, promoting the right to education as contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights.