Higher Education Provider Approval (No. 13 of 2005)

Overview

The Higher Education Provider Approval (No. 13 of 2005) instrument, issued under the authority of the Minister for Education, Science and Training, is an approval of the Campion Institute Limited (trading as Campion College Australia) as a higher education provider. This instrument is made pursuant to subsection 16-50(1) of the Higher Education Support Act 2003 (HESA). The HESA was enacted to establish a framework for the provision of financial support to students enrolled in higher education courses, and this particular instrument serves to approve a higher education provider in accordance with the Act. The instrument also includes the necessary information specified in the Higher Education Provider Guidelines, as detailed in Attachment 1 to the notice of approval. This instrument, which comes into effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice, does not require consultation as it only confers a benefit on the Campion Institute Limited and does not have a substantial effect on business or competition.

Scope and Application

The Higher Education Support Act 2003 governs the approval of higher education providers in Australia, and the instrument of approval issued under section 16-50(1) specifically pertains to the Campion Institute Limited, trading as Campion College Australia. The Act mandates that the Minister for Education, Science and Training must decide on applications for approval as a higher education provider and notify applicants of their approval status in writing. This particular instrument approves Campion Institute Limited as a higher education provider, detailing the requirements and guidelines to which they must adhere as outlined in the Higher Education Provider Guidelines and the Commonwealth Grant Scheme Guidelines. The approval is effective from the day after the last possible day for a House of Parliament to disallow it, in line with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003. Notably, consultation was deemed unnecessary as the approval only impacts Campion Institute Limited, and it does not impose any significant restrictions on business or competition.

Key Provisions

The Higher Education Provider Approval (No. 13 of 2005) under subsection 16-50(1) of the Higher Education Support Act 2003 ('HESA') outlines the approval of the Campion Institute Limited, trading as Campion College Australia, as a higher education provider. This approval is contingent upon meeting specific criteria and requirements detailed in the Higher Education Provider Guidelines and the Commonwealth Grant Scheme Guidelines. The approval notice is issued in accordance with the statutory requirement that the Minister must decide on an application for approval and notify the applicant in writing of the decision. The notice includes a reference to Attachment 1, which lists the information that must be provided to the applicant upon approval, as specified in the guidelines. The obligations imposed on the Campion Institute Limited by this approval include adherence to the conditions set forth in the Higher Education Provider Guidelines and the Commonwealth Grant Scheme Guidelines. These guidelines detail the requirements for maintaining approval as a higher education provider, which may encompass academic standards, financial viability, governance, and other operational aspects. The Institute must ensure compliance with these guidelines to retain its approval status. Failure to meet these obligations could result in the withdrawal of approval, thereby preventing the Institute from continuing to offer higher education services. The Act also outlines consequences for non-compliance with the requirements of the approval. While specific offences and penalties are not detailed in the instrument, breaches of the Higher Education Support Act or the conditions of approval could lead to enforcement actions by the Minister. These actions may include the revocation of the approval, which would prevent the Institute from operating as a higher education provider. Additionally, serious breaches may result in civil or criminal penalties as outlined in the HESA. The Act provides for significant penalties, including fines and imprisonment, for serious breaches of the legislation and its guidelines. The exact penalties would be determined based on the nature and severity of the breach.