EXPLANATORY STATEMENT
Instrument of approval pursuant to subsection 16-50(1)
of the Higher Education Support Act 2003
Higher Education Provider Approval (No. 10 of 2007)
Issued by the authority of the Minister for Education, Science and Training
Subject: Higher Education Support Act 2003
Higher Education Provider Approval pursuant to subsection 16-50(1) of the Higher Education Support Act 2003
Subsection 16-50(1) of the Higher Education Support Act 2003 (‘the HESA’) provides that the Minister must decide an application for approval as a higher education provider, and must cause the applicant to be notified in writing regarding whether or not the applicant is approved as a higher education provider.
The instrument of approval is made pursuant to subsection 16-50(1) of the HESA. The instrument approves and gives notice of approval of Sarina Russo Schools Australia Pty Ltd as a higher education provider.
Consultation was not undertaken and was not considered necessary in this case because the instrument confers a benefit on Sarina Russo Schools Australia Pty Ltd and Sarina Russo Schools Australia Pty Ltd is the only body affected by the instrument. This instrument will not have a direct or substantial indirect effect on business, nor will it restrict competition.
Commencement
In accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, the approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.
Overview
The Higher Education Support Act 2003 was enacted to provide a comprehensive framework for supporting the higher education sector in Australia. This Act addresses the need for a structured approach to regulating higher education providers, ensuring that institutions meet certain standards and criteria necessary for the delivery of quality education. The enacting body for this Act is the Australian Parliament, with the policy objective being to maintain and enhance the quality, accessibility, and diversity of higher education within the country.
This Explanatory Statement pertains to an instrument of approval made under subsection 16-50(1) of the Higher Education Support Act 2003, specifically approving Sarina Russo Schools Australia Pty Ltd as a higher education provider. The Minister for Education, Science and Training issued this instrument, which grants formal approval to Sarina Russo Schools Australia Pty Ltd to operate as a higher education provider. The decision to proceed without consultation was based on the fact that the approval directly benefits only Sarina Russo Schools Australia Pty Ltd and does not have a significant impact on other businesses or competition. The approval becomes effective on the day following the last possible day for a House of Parliament to pass a resolution disallowing the instrument, in accordance with the legislative provisions.
Scope and Application
The Higher Education Support Act 2003 (HESA) provides the legislative framework for the approval of higher education providers in Australia. Under subsection 16-50(1) of the HESA, the Minister for Education, Science and Training is mandated to approve an application from an entity seeking to be recognised as a higher education provider, and to notify the applicant in writing of the approval status. The Act applies to entities such as Sarina Russo Schools Australia Pty Ltd, which, in this case, has been approved as a higher education provider. This approval is subject to the terms and conditions set out in the Higher Education Provider Approval (No. 10 of 2007). The geographic reach of this Act is national, as it pertains to the Commonwealth of Australia and its regulatory oversight of higher education providers across the country. There are no exclusions or exemptions specified in the Act regarding the approval process, though the Act may be subject to further regulation or conditions through subordinate instruments. The approval given to Sarina Russo Schools Australia Pty Ltd is effective from the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice, in accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the legislation (subsection 16-50(1) of the Higher Education Support Act 2003) require the Minister for Education, Science and Training to decide on applications for approval as a higher education provider and to notify the applicant in writing of the decision. This specific instrument of approval (No. 10 of 2007) grants Sarina Russo Schools Australia Pty Ltd the status of a higher education provider. The instrument also outlines the process for the Minister to provide the necessary notification regarding the approval status of the applicant.
The Act imposes certain obligations on the approved higher education provider, such as Sarina Russo Schools Australia Pty Ltd. These obligations include complying with the provisions of the Higher Education Support Act 2003, ensuring that their educational offerings meet the required standards, and adhering to any other specific requirements or conditions set by the Minister as part of the approval process. Additionally, the provider must ensure that all their operations are in line with the educational standards and regulatory frameworks established under the HESA.
Breaches of the obligations or requirements set forth in the Act can lead to various consequences. While specific offences and penalties are not detailed in the instrument, the general provisions of the Higher Education Support Act 2003 may impose administrative, civil, or criminal penalties for non-compliance. The severity of the penalties could vary depending on the nature and extent of the breach, potentially including fines, suspension, or revocation of the provider’s approval status. The exact penalties would be determined in accordance with the broader legislative framework and any applicable regulations or guidelines issued under the HESA.