EXPLANATORY STATEMENT
Instrument of approval pursuant to subsection 16-50(1)
of the Higher Education Support Act 2003
Higher Education Provider Approval (No. 13 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 Holmesglen Institute of TAFE 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 Holmesglen Institute of TAFE and Holmesglen Institute of TAFE 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 Provider Approval (No. 13 of 2006) is an instrument of approval issued under the Higher Education Support Act 2003 by the Minister for Education, Science and Training. This legislation was enacted to provide a framework for the approval of higher education providers in Australia, ensuring that they meet the necessary standards and criteria for offering higher education services. The approval of Holmesglen Institute of TAFE as a higher education provider under this instrument addresses the need to maintain quality and standards within the Australian higher education sector. The instrument details the requirements for approval, including those specified in the Higher Education Provider Guidelines, and it was determined that consultation was unnecessary given that the approval specifically benefits Holmesglen Institute of TAFE, with no broader impact on business or competition. This legislative instrument, coming into effect under section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, signifies the formal recognition of Holmesglen Institute of TAFE as a qualified provider of higher education services.
Scope and Application
The Higher Education Provider Approval (No. 13 of 2006) under the Higher Education Support Act 2003 applies to the Holmesglen Institute of TAFE, providing it with approval to operate as a higher education provider. The approval process involves the Minister for Education, Science and Training making a decision on the application and notifying the Institute in writing regarding its approval status. This instrument of approval is specifically tailored to Holmesglen Institute of TAFE and does not affect any other entities or individuals, thereby limiting its jurisdictional reach to this particular institution. The approval grants Holmesglen Institute of TAFE the authority to offer higher education services in accordance with the guidelines and requirements set out in the Higher Education Provider Guidelines, which can be accessed via the provided link. This approval ensures that Holmesglen Institute of TAFE complies with the legislative framework established by the HESA.
Key Provisions
The main operative sections of this legislation, the Higher Education Provider Approval (No. 13 of 2006), are primarily concerned with the approval of higher education providers under subsection 16-50(1) of the Higher Education Support Act 2003 (HESA). Specifically, this instrument of approval grants Holmesglen Institute of TAFE the status of an approved higher education provider, and it mandates the Minister to communicate this decision in writing to the Institute (subsection 16-50(1) of the HESA). Furthermore, the approval is contingent upon the Institute complying with the Higher Education Provider Guidelines, which are detailed in Attachment 1 of the notice of approval and can be found on the official government website (subsection 16-50(4) of the HESA).
In terms of obligations, the Higher Education Support Act 2003 imposes several requirements on the approved higher education provider, Holmesglen Institute of TAFE. Firstly, it must adhere to the Higher Education Provider Guidelines, which include criteria related to the provision of information to applicants, as specified in Attachment 1. These guidelines are integral to maintaining the Institute's approval status and ensuring compliance with the overarching provisions of the HESA. The Institute is also required to provide the necessary information to the Minister and to ensure that all its operations align with the stipulated guidelines.
Failure to comply with the provisions of the HESA or the Higher Education Provider Guidelines can result in several consequences. While the specific offences and penalties are not detailed within the instrument itself, breaches of the HESA or the Guidelines could potentially lead to the revocation of the Institute's approval status as a higher education provider. Such revocation would have significant implications for the Institute's operations and its ability to deliver higher education services. Additionally, any legal actions resulting from non-compliance could lead to civil or criminal penalties, though the exact nature and extent of these penalties would depend on the specifics of the breach and the applicable laws.
This instrument of approval does not require consultation as it confers a direct benefit to Holmesglen Institute of TAFE and does not have a substantial effect on business or competition. As per 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. This ensures that the approval process is expedited and that the Institute can commence its operations without undue delay.