EXPLANATORY STATEMENT
Approval and Notice of Approval under Sections 16-25 and 16-50 of the Higher Education Support Act 2003
Higher Education Provider Approval No. 1 of 2020
Issued by the authority of the Minister or the Minister’s Delegate for Education and Training
Authority
Section 16-25 of the Higher Education Support Act 2003 (the Act) provides for the approval of bodies as higher education providers by the Minister. Section 16-50 of the Act provides that the Minister must decide an application for approval as a higher education provider and under paragraph 16-50(1b) cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider.
Under section 238‑5 of the Act the Minister has delegated his powers under section 16-25 and subsection 16-50(1) of the Act to an APS employee responsible for administering the Act.
Subsection 16-55 (1) of the Act stipulates that a notice of approval under paragraph 16-50(1b) of the Act is a legislative instrument.
Purpose
This instrument:
a. approves Performing Arts Education Pty Ltd (ABN: 11 009 772 481, ACN: 009 772 481) as a higher education provider under section 16-25 of the Act;
b. imposes conditions on the approval of Performing Arts Education Pty Ltd as a higher education provider under subclause 16-60 of the Act;
c. decides the application of Performing Arts Education Pty Ltd for the purposes of paragraph 16-50(1a) of the Act; and
d. gives Performing Arts Education Pty Ltd notice of that approval for the purposes of paragraph 16-50(1b) of the Act.
Conditions
The Minister has the power under 16-60 of the Act, to impose or vary conditions on a body’s approval as a higher education provider. Conditions imposed under that provision are set out in the notice of approval for Performing Arts Education Pty Ltd as a higher education provider.
In accordance with subsections 22-15(1) and 22-30(1), the Minister may suspend or revoke Performing Arts Education Pty Ltd’s approval as a higher education provider if Performing Arts Education Pty Ltd breaches any of the conditions imposed on Performing Arts Education Pty Ltd’s approval as a higher education provider.
Commencement
In accordance with subsection 16-55(2) of the Act and paragraph 12-1(a) of the Legislative Instruments Act 2003, the notice and the decision to approve Performing Arts Education Pty Ltd as a higher education provider take effect on the day after the notice is registered on the Federal Register of Legislation.
Consultation
Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on Performing Arts Education Pty Ltd 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 or the Minister’s Delegate under subclause 16-55 of the Act. The purpose of the Instrument is to approve Performing Arts Education Pty Ltd as a higher education provider. For approval as a higher education provider the Minister must be satisfied that the body meets the requirements of subclause 16-25 of the Act.
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 higher education and training by Performing Arts Education Pty Ltd by approving it as a higher education provider, enabling it to offer FEE‑HELP assistance to its eligible students.
The objective of the Instrument is to approve Performing Arts Education Pty Ltd as a higher education provider under the Act and thereby enable eligible students of Performing Arts Education Pty Ltd to access FEE‑HELP 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 Performing Arts Education Pty Ltd as a higher education provider, thereby extending FEE‑HELP 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.