EXPLANATORY STATEMENT
Instrument of approval pursuant to subsection 16-50(1)
of the Higher Education Support Act 2003
Higher Education Provider Approval (No. 17 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 Swan 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 Swan TAFE and Swan 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 Support Act 2003 was enacted to regulate and support the provision of higher education in Australia, addressing the need for a structured framework to ensure that higher education providers meet certain standards and criteria. This Act facilitates the approval process for institutions seeking to provide higher education services, ensuring that they adhere to the necessary quality and regulatory requirements. The Minister for Education, Science and Training has the authority to approve higher education providers under the Act, as highlighted in subsection 16-50(1). The legislative instrument in question, Higher Education Provider Approval (No. 17 of 2006), was issued by the Minister and provides the formal approval of Swan TAFE as a higher education provider. This instrument ensures that Swan TAFE meets the specified criteria and guidelines, which are detailed in the Higher Education Provider Guidelines. Given that Swan TAFE is the sole entity affected by this approval, consultation was deemed unnecessary, as the instrument primarily confers a benefit on the approved provider without impacting broader business operations or competition.
Scope and Application
The Higher Education Support Act 2003, through the Higher Education Provider Approval (No. 17 of 2006), governs the approval process for entities seeking to operate as higher education providers in Australia. This particular instrument pertains to the approval of Swan TAFE as a higher education provider. The Act applies directly to Swan TAFE, which is the sole entity affected by this approval. The jurisdictional reach of the Act is Commonwealth-wide, ensuring that the approval aligns with national standards and criteria for higher education providers. While the Act specifies requirements and guidelines detailed in the Higher Education Provider Guidelines, it does not extend to require consultation with parties beyond the applicant, as the instrument directly benefits Swan TAFE and does not affect broader business operations or competition. The approval takes effect following the disallowance period stipulated in the Higher Education Support Act and the Legislative Instruments Act 2003.
Key Provisions
The Higher Education Provider Approval (No. 17 of 2006) issued under subsection 16-50(1) of the Higher Education Support Act 2003 (HESA) approves Swan TAFE as a higher education provider. 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 and notify the applicant in writing of the decision. The instrument notifies Swan TAFE of its approval and includes, as Attachment 1, the information required under the Higher Education Provider Guidelines, which must be provided to an approved provider. These guidelines are available for reference on the Department of Education, Science and Training's website. The Minister determined that consultation was unnecessary because the approval only affects Swan TAFE and confers a benefit on the institution without restricting competition or having a substantial effect on business.
Under the HESA, entities like Swan TAFE must meet certain criteria to qualify for approval as higher education providers. The obligations imposed on approved entities include compliance with the guidelines outlined in Attachment 1 and adherence to the provisions of the HESA. Swan TAFE must ensure that it meets the specified standards for educational quality, governance, and financial viability. It is also required to provide ongoing information and reports to the Minister as stipulated by the HESA and the Higher Education Provider Guidelines.
Failure to comply with the HESA or the Higher Education Provider Guidelines may result in enforcement actions. The HESA includes provisions for penalties in cases of non-compliance. Section 16-50(5) of the HESA stipulates that if an approved higher education provider fails to meet the conditions of its approval, the Minister may revoke the approval. Additionally, under section 16-50(6) of the HESA, an entity that operates a higher education course without approval is guilty of an offence and may face civil or criminal penalties. The maximum penalties for such offences can include fines and imprisonment, as determined by the relevant state or territory legislation. It is essential for Swan TAFE to maintain compliance to avoid these consequences and ensure the continued validity of its approval as a higher education provider.