Higher Education Provider Approval No. 11 of 2012

Overview

The Higher Education Provider Approval No. 11 of 2012, made under section 16-25 and paragraph 16-50(1)(b) of the Higher Education Support Act 2003, was enacted to formalise the approval of The Australian Institute of Professional Counsellors Pty Ltd as a Higher Education Provider. This legislative instrument was introduced to address the need for a regulatory framework that ensures educational providers meet the necessary standards to offer accredited courses. Enacted by Lyndal Groom, a delegate of the Minister for Tertiary Education, Skills, Science and Research, the approval aims to uphold the quality and integrity of higher education in Australia. The policy objective of this legislation is to provide clarity and legal standing to the educational offerings of approved providers, ensuring they comply with the standards set forth by the Commonwealth. This legislative instrument is part of a compilation that includes amendments and reflects the law as it stands on 20 January 2024. The compilation details the legislative history, amendment history, and notes on any uncommenced amendments or modifications. While the specific provisions are not elaborated upon here, they are accessible on the legislative register, ensuring transparency and easy access to the current legal framework governing higher education providers in Australia.

Scope and Application

The Higher Education Provider Approval No. 11 of 2012 is a legislative instrument made under the Higher Education Support Act 2003, providing approval for The Australian Institute of Professional Counsellors Pty. Ltd. (ACN: 077 738 035) to operate as a higher education provider. This approval is issued by Dr Lyndal Groom, a delegate of the Minister for Tertiary Education, Skills, Science and Research, and it is effective from 13 November 2012. The approval is specific to the entity mentioned and does not extend to other educational institutions or providers unless they have applied and been separately approved under the Act. The approval is part of the Commonwealth’s regulatory framework for higher education providers and applies to the conduct and transactions of The Australian Institute of Professional Counsellors Pty. Ltd. in its capacity as an approved higher education provider. The Act allows for the approval to be amended or updated through subordinate instruments, such as the Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024, which came into effect on 20 January 2024. These amendments adjust the provisions of the original approval, ensuring that it remains aligned with current legislative and policy requirements.

Key Provisions

The main operative sections of the Higher Education Provider Approval No. 11 of 2012, under the Higher Education Support Act 2003, provide for the approval of The Australian Institute of Professional Counsellors Pty Ltd as a Higher Education Provider (section 1). This approval allows the entity to offer courses that are recognised by the Australian Government for the purposes of student financial assistance programs. Specifically, the approval is given under section 16-25 of the HESA, and the decision is noted under paragraph 16-50(1)(a) of the HESA (section 2). Additionally, the Act requires the Minister’s delegate to give written notice of this approval to the entity, as stipulated in paragraph 16-50(1)(b) of the HESA (section 3). The obligations imposed by this Act on The Australian Institute of Professional Counsellors Pty Ltd include compliance with the conditions set forth in the approval, which may include requirements related to course offerings, student support services, and financial management. The entity must ensure that it meets these conditions to maintain its status as an approved Higher Education Provider. Failure to comply with the conditions could result in the revocation of the approval, which would prevent the entity from offering courses recognised for student financial assistance. Breaches of the conditions set by the Higher Education Support Act 2003 may lead to various penalties and consequences. For instance, if The Australian Institute of Professional Counsellors Pty Ltd fails to meet the approval conditions, the Minister may revoke the approval under section 16-25 of the HESA. Such revocation could result in the entity being unable to offer courses eligible for government financial assistance, which could significantly impact its operations. Additionally, the entity may face legal action if it is found to be in breach of the Act, potentially leading to fines or other civil penalties. The specific penalties for non-compliance are detailed in the HESA and related regulations, but they may include financial penalties or other corrective actions as deemed appropriate by the Minister.