EXPLANATORY STATEMENT
Instrument of approval pursuant to subsection 16-50(1)
of the Higher Education Support Act 2003
Higher Education Provider Approval (No. 14 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 Bradford College Pty Ltd 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 Bradford College Pty Ltd and Bradford College Pty Ltd 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. 14 of 2006) is an instrument issued under the authority of the Minister for Education, Science and Training, pursuant to subsection 16-50(1) of the Higher Education Support Act 2003. The Act, enacted in 2003, was introduced to address the need for a structured and regulated system of approving higher education providers in Australia, ensuring that institutions meet certain standards and criteria before offering educational services. The policy objective behind the Act is to maintain the quality and integrity of the higher education sector by providing a framework for the approval and regulation of higher education providers. The instrument in question specifically grants approval to Bradford College Pty Ltd as a higher education provider, with the necessary information regarding this approval detailed in Attachment 1, which references the Higher Education Provider Guidelines. This instrument does not require consultation as it only confers a benefit to the named entity and does not have a substantial effect on business or competition.
Scope and Application
The Higher Education Support Act 2003 provides the legislative framework for the approval of higher education providers in Australia. Specifically, subsection 16-50(1) of the Act mandates that the Minister for Education, Science and Training must decide on applications for approval as a higher education provider and notify the applicant in writing of their approval status. This legislative requirement is enacted through the instrument of approval, such as the Higher Education Provider Approval (No. 14 of 2006), which grants Bradford College Pty Ltd approval as a higher education provider. The approval process is governed by the Higher Education Provider Guidelines, which outline the necessary information to be provided to applicants upon approval, as referenced in Attachment 1 to the notice of approval. This attachment is integral to the approval notice and ensures compliance with the statutory requirements. The instrument does not require consultation as it benefits only Bradford College Pty Ltd and has no substantial effect on business or competition. The approval takes effect on the day following the last possible day for a House of Parliament to disallow the notice, in accordance with sections 16-55 of the HESA and 12(3) of the Legislative Instruments Act 2003.
Key Provisions
The Higher Education Support Act 2003 (HESA) contains provisions that govern the approval of higher education providers in Australia. Section 16-50(1) of the HESA mandates that the Minister for Education, Science and Training must decide on applications for approval as a higher education provider. Upon making a decision, the Minister must notify the applicant in writing whether their application has been approved or not. This specific legislation, F2006L03336, represents an instrument of approval issued under this section, granting Bradford College Pty Ltd approval as a higher education provider.
Bradford College Pty Ltd, as an approved higher education provider, is subject to various obligations and requirements outlined in the Higher Education Provider Guidelines. These guidelines include specific information that must be provided to the applicant upon approval, as detailed in Attachment 1 of the notice of approval. By approving Bradford College Pty Ltd, the Minister has confirmed that the college meets the necessary standards and criteria for operating as a higher education provider in Australia.
Failure to comply with the provisions of the HESA and the Higher Education Provider Guidelines may result in legal consequences. Section 16-50(4) stipulates that the Minister must provide the approved higher education provider with information required by the guidelines. Non-compliance with these requirements could lead to revocation of approval, which is a significant penalty for the provider. Additionally, any breaches of the HESA or the guidelines may result in further civil or criminal penalties as prescribed by the Act.
The approval of Bradford College Pty Ltd as a higher education provider under this legislation takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice. This commencement date is established in accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003. The approval is thus legally binding and enforceable from this specified date, ensuring that Bradford College Pty Ltd can operate as a higher education provider with the necessary statutory authority.