EXPLANATORY STATEMENT
Instrument of approval pursuant to subsection 16-50(1)
of the Higher Education Support Act 2003
Higher Education Provider Approval (No. 11 of 2006)
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 the International College of Management, Sydney Pty. Limited as Trustee for the ICTHM Trust as a higher education provider.
In accordance with subsection 16-50(4) of the HESA, information that is specified in the Higher Education Provider Guidelines as information that must be provided to an applicant upon approval as a higher education provider is set out in Attachment 1 to the notice of approval. Attachment 1 forms part of the contents of the notice.
Attachment 1 refers to the requirements set out in the Higher Education Provider Guidelines. A copy of these guidelines is available at http://www.backingaustraliasfuture.gov.au/guidelines/hep_guide.htm
Consultation was not undertaken and was not considered necessary in this case because the instrument confers a benefit on the International College of Management, Sydney Pty. Limited as Trustee for the ICTHM Trust and the International College of Management, Sydney Pty. Limited as Trustee for the ICTHM Trust 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 (HESA) was enacted to provide a framework for the support of higher education in Australia. The Act was introduced to address the need for a structured approach to the approval and regulation of higher education providers, ensuring that institutions meet certain standards and are able to deliver quality education to students. The HESA establishes a system under which institutions can apply for approval as higher education providers and sets out the criteria and process for such approvals. This legislation is administered by the Minister for Education, Science and Training, who is responsible for making decisions on applications for approval as set out in subsection 16-50(1) of the HESA. The policy objective of this Act is to ensure that approved higher education providers meet the necessary standards to offer accredited courses and degrees, thereby protecting the interests of students and maintaining the integrity of the higher education sector.
Scope and Application
The Higher Education Support Act 2003 outlines the requirements for the approval of higher education providers, with specific provisions in subsection 16-50(1) detailing the process by which the Minister for Education, Science and Training must approve an application for higher education provider status. The legislation applies to entities seeking to be recognised as higher education providers within the Commonwealth of Australia, aiming to ensure that institutions meet the necessary standards for providing higher education. The approval process, as exemplified by the Higher Education Provider Approval (No. 11 of 2006), is specifically tailored to the entity in question, in this case, the International College of Management, Sydney Pty. Limited as Trustee for the ICTHM Trust. This instrument not only grants approval but also informs the applicant of their status, with additional details specified in Attachment 1, which references the Higher Education Provider Guidelines. The jurisdictional reach of this Act is national, as it applies across Australia, and its implementation is supported by subordinate guidelines and instruments, which may further detail the requirements and process for approval. There are no stated exclusions or exemptions within this specific instrument, although the broader guidelines may encompass certain conditions or limitations.
Key Provisions
The key operative sections of the Higher Education Support Act 2003 (HESA) that this instrument addresses are sections 16-50 and 16-55. Section 16-50(1) mandates that the Minister for Education, Science and Training must decide on an application for approval as a higher education provider and notify the applicant in writing of the decision. This instrument of approval specifically grants the International College of Management, Sydney Pty. Limited as Trustee for the ICTHM Trust approval as a higher education provider. Section 16-55 of the HESA outlines the commencement provisions for the approval, which takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.
The Act imposes several obligations and requirements on the approved higher education provider, the International College of Management, Sydney Pty. Limited as Trustee for the ICTHM Trust. These obligations include adhering to the guidelines and information specified in the Higher Education Provider Guidelines, which are detailed in Attachment 1 to the notice of approval. The provider must ensure that it meets all criteria and maintains compliance with the terms of its approval. Additionally, the provider is required to provide any necessary information and documentation to the Minister as stipulated in the guidelines.
The HESA also includes provisions for offences and penalties for non-compliance. While the specific offences and penalties are not detailed in this instrument, the Act generally provides for both civil and criminal penalties for breaches of its provisions. Civil penalties can include fines and orders for rectification, while criminal penalties may involve imprisonment and fines. The exact penalties are outlined in other sections of the HESA and depend on the nature and severity of the breach. The Act also allows for enforcement actions by the Minister or other relevant authorities, ensuring that the approved higher education provider operates within the legal framework established by the legislation.