Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024

Administered by Department of Education

Legislation au F2024L00087 In force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of a delegate of the Minister for Education

Higher Education Support Act 2003

Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024

AUTHORITY

The Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024 (the Amendment Instrument) is made under section 16-25 and paragraph 16-50(1)(b) of the Higher Education Support Act 2003 (the Act). Section 16-25 of the Act provides that the Minister may approve a body corporate as a higher education provider if the body satisfies the requirements listed in that section, and paragraph 16-50(1)(b) provides that the Minister, in deciding an application for approval as a higher education provider, must cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by‑laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. The amendments to the Higher Education Provider Approval No. 11 of 2012 (the Principal Instrument) made by the Amendment Instrument rely on this provision.

PURPOSE AND OPERATION

The purpose of the Amendment Instrument is to amend the Principal Instrument to remove references to the Australian Institute of Professional Counsellors Pty Ltd (AIPC) (the approved higher education provider) being a trustee for the AIPC Trust. This is a technical amendment which makes it clear that AIPC is the legal entity that is approved as a higher education provider under the Act, and it is not relevant that AIPC may be a trustee of the AIPC Trust. This amendment does not affect the provision of higher education by AIPC.

IMPACT ANALYSIS

The Office of Impact Analysis has advised that the Instrument is unlikely to have more than a minor impact as this amendment does not affect the provision of higher education by AIPC and therefore an Impact Analysis is not required for this Instrument (reference number OIA23-05466).

COMMENCEMENT

The Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.

CONSULTATION

The department undertook consultation with AIPC and the Tertiary Education Quality and Standards Agency (TEQSA) to ensure they had no questions, comments or concerns with the proposal to amend the Principal Instrument. Both AIPC and TEQSA were supportive of the proposal. Public consultation was not undertaken or considered necessary as AIPC is the only body affected by the notice.  


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

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

Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024

The Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024(the Amendment 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 purpose of the Amendment Instrument is to amend the Higher Education Provider Approval No. 11 of 2012 (the Principal Instrument) to remove references to the Australian Institute of Professional Counsellors Pty Ltd (AIPC) (the approved higher education provider) being a trustee for the AIPC Trust. This is a technical amendment which makes it clear that AIPC is the legal entity that is approved as a higher education provider under the Higher Education Support Act 2003 (the Act), and it is not relevant that AIPC may be a trustee of the AIPC Trust. This amendment does not affect the provision of higher education by AIPC.

Human rights implications

The purpose of the Amendment Instrument is to make a minor technical amendment to make clear that AIPC is the legal entity that is approved as a higher education provider under the Act, and it is not relevant that AIPC may be a trustee of the AIPC Trust. This amendment does not affect the provision of higher education by AIPC.

As the Amendment Instrument only makes a technical change to the approval of AIPC, it does not impact any human rights.

Conclusion

This instrument is compatible with human rights as it does not raise any human rights issues.

 

Delegate of the Minister for Education, Peta Brill

HIGHER EDUCATION PROVIDER APPROVAL (NO. 11 OF 2012) AMENDMENT INSTRUMENT 2024

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This section specifies the name of the instrument as the Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024 (the Amendment Instrument).

Section 2: Commencement

2.  This section provides that the Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.

Section 3: Authority

3.  This section provides that the Amendment Instrument is made under section 16-25 and paragraph 16-50(1)(b) of the Higher Education Support Act 2003 (the Act).

Section 4: Schedules

4.  This is a technical provision that explains that each instrument that is specified in a Schedule to the Amendment Instrument is amended or repealed as set out in the applicable items in the Schedule concerned.

Schedule 1 – Amendments

Higher Education Provider Approval No. 11 of 2012

Items 1 to 3

5.  Item 1 to 3 amend paragraphs (a) to (c) to remove references to the Australian Institute of Professional Counsellors Pty Ltd (the approved higher education provider) being a trustee of the AIPC Trust.

Overview

The Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024 was enacted to address a technical issue within the Higher Education Support Act 2003. The purpose of this Amendment Instrument is to clarify the legal status of the Australian Institute of Professional Counsellors Pty Ltd (AIPC) as the approved higher education provider under the Act, specifically removing references to AIPC being a trustee of the AIPC Trust. This clarification ensures that the approval of AIPC as a higher education provider remains unaffected, regardless of its trusteeship status. This amendment was made under the authority of the Minister for Education, as outlined in section 16-25 and paragraph 16-50(1)(b) of the Higher Education Support Act 2003. The policy objective is to ensure the integrity and clarity of the legislative framework governing higher education providers in Australia. The instrument commenced on the day after its registration on the Federal Register of Legislation. The Office of Impact Analysis determined that the amendment would likely have only a minor impact, as it does not affect the provision of higher education by AIPC. Both AIPC and the Tertiary Education Quality and Standards Agency (TEQSA) supported the amendment.

Scope and Application

The Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024 applies to the Australian Institute of Professional Counsellors Pty Ltd (AIPC) by clarifying its status as an approved higher education provider under the Higher Education Support Act 2003. This amendment ensures that AIPC's role as a trustee for the AIPC Trust is no longer a consideration in its approval as a higher education provider. The instrument does not affect the provision of higher education by AIPC, and its jurisdictional reach is limited to Commonwealth provisions as outlined in the Act. The Amendment Instrument operates to provide clarity and does not introduce any new exclusions, exemptions, or thresholds. The instrument commences on the day after it is registered on the Federal Register of Legislation and has been developed following consultation with AIPC and the Tertiary Education Quality and Standards Agency, with no public consultation deemed necessary due to the limited scope of the amendment. The instrument is compatible with human rights as it does not impact any human rights.

Key Provisions

The main operative sections of the Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024 (Amendment Instrument) involve specific amendments to the Higher Education Provider Approval No. 11 of 2012 (Principal Instrument) as outlined in Schedule 1. These amendments (items 1 to 3) clarify that the Australian Institute of Professional Counsellors Pty Ltd (AIPC) is the approved higher education provider under the Higher Education Support Act 2003 (Act), and it is not relevant that AIPC may be a trustee of the AIPC Trust. This technical change ensures that AIPC’s status as a higher education provider is not contingent on its role as a trustee. The Amendment Instrument imposes obligations on AIPC and the Tertiary Education Quality and Standards Agency (TEQSA) to acknowledge and reflect the amendment in their records and operations. AIPC must ensure that any documentation or public communication continues to reflect its status as an approved higher education provider, while TEQSA must update its records and approvals to align with the Amendment Instrument. This includes ensuring that any internal processes or communications regarding AIPC’s status are consistent with the legislative amendments. In terms of consequences for non-compliance, the Amendment Instrument itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, under the Higher Education Support Act 2003, any failure by AIPC to comply with the requirements of being an approved higher education provider could potentially lead to sanctions, including revocation of approval. Such actions would be determined by TEQSA in accordance with the Act and any relevant guidelines or policies established by the Minister for Education. While the Amendment Instrument does not specify penalties, breaches of the Act could result in civil or administrative penalties, as outlined in the relevant sections of the Act.

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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.