Higher Education Provider Approval No. 2 of 2012

Administered by Department of Education

Legislation au F2012L00977 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Approval and notice of approval under section 16-25 and subsection 16-50(1)

of the Higher Education Support Act 2003

 

Higher Education Provider Approval No. 2 of 2012

 

Issued by the authority of the

Minister for Tertiary Education, Skills, Science and Research

 

Subject: Higher Education Support Act 2003 (HESA)

Higher Education Provider approval and notice of approval under section 16‑25 and subsection 16‑50(1) of HESA

 

Authority

Section 16-25 of HESA provides for the approval of bodies as Higher Education Providers by the Minister, while subsection 16‑50(1) of HESA provides that the Minister must decide an application for approval as a Higher Education Provider (paragraph 16-50(1)(a)) and cause the applicant to be notified in writing whether or not the applicant is approved as a Higher Education Provider (paragraph 16-50(1)(b)).

 

Subsection 16-55(1) of HESA stipulates that a notice of approval of a body as a Higher Education Provider is a legislative instrument.

Under section 238-5 of HESA the Minister has delegated his powers under section 16-25 and subsection 16‑50(1) of HESA to an APS employee in the Department.

 

Purpose

This instrument approves Australian School of Management Pty Ltd ACN:  138 545 605 ABN:  42 138 545 605 as a Higher Education Provider under section 16‑25 of HESA and as a consequence decides the application of Australian School of Management Pty Ltd for the purposes of subsection 16‑50(1)(a) of HESA.  The instrument also gives Australian School of Management Pty Ltd notice of that approval for the purposes of subsection 16‑50(1)(b) of HESA.

 

Commencement

In accordance with paragraph 16-55(2) of HESA and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the decision to approve Australian School of Management Pty Ltd as a Higher Education Provider takes effect on the day after the notice is registered on the Federal Register of Legislative Instruments.

 

Consultation

Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on Australian School of Management Pty Ltd and this body is the only body affected by the notice.  This notice will not have a direct or substantial indirect effect on business, nor will it restrict competition.

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Notice of Approval – Higher Education Provider Approval

 

This Legislative Instrument (the Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Instrument is made by the Minister under Section 16-25(1) of HESA, subsection 16‑50(1)(b) and subsection 16-55(1) of HESA.

The purpose of the Instrument is to approve Australian School of Management Pty Ltd as a Higher Education provider for the purposes of FEE-HELP Assistance under HESA.

 

For the Minister to approve a body corporate as a Higher Education provider the Minister must be satisfied that the body meets the requirements of paragraph 16-25 of HESA.

 

Human rights implications

 

Right to education

 

The Instrument engages the right to education, contained in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. In particular, this Instrument has an effect on the provision of education by Australian School of Management Pty Ltd by approving it as a Higher Education provider for the purposes of FEE-HELP Assistance under HESA, enabling it to offer FEE-HELP Assistance to its eligible students.

 

The objective of the Instrument is to approve Australian School of Management Pty Ltd as a Higher Education provider under HESA and thereby enable eligible students of Australian School of Management Pty Ltd to access FEE-HELP Assistance for courses of study.

 

To the extent that the right to education is engaged, this right is promoted by the Instrument as the Instrument approves Australian School of Management Pty Ltd as a Higher Education provider, thereby extending FEE HELP Assistance and the availability of education to its eligible students.

 

Conclusion

 

This Instrument is compatible with human rights because it advances the protection of human rights.

 

 

Overview

The Higher Education Support Act 2003 (HESA) was enacted to regulate and support the provision of higher education in Australia, ensuring that eligible students have access to financial assistance through mechanisms such as FEE-HELP. The Act empowers the Minister for Tertiary Education, Skills, Science and Research to approve Higher Education Providers, which are entities authorised to offer courses eligible for FEE-HELP assistance. The policy objective is to facilitate the availability of higher education to a broader segment of the population by ensuring that approved institutions can provide educational opportunities supported by government assistance. In accordance with HESA, the Minister delegated certain powers to an authorised employee within the Department, enabling the streamlined processing of approval applications. This legislative framework ensures that higher education institutions meet specified standards and can offer courses that qualify for FEE-HELP assistance, thereby supporting students' access to higher education.

Scope and Application

The Higher Education Provider Approval No. 2 of 2012 applies to Australian School of Management Pty Ltd, providing it with the status of a Higher Education Provider under the Higher Education Support Act 2003 (HESA). This approval authorises the entity to offer courses eligible for FEE-HELP Assistance, which is financial support for higher education students. The approval is issued under section 16-25 of HESA, and the decision to approve is communicated through a legislative instrument, as stipulated in subsection 16-50(1) and 16-55(1) of HESA. The Minister for Tertiary Education, Skills, Science and Research has delegated the approval power to an employee of the Australian Public Service within the Department. This legislative instrument takes effect on the day after it is registered on the Federal Register of Legislative Instruments, as required by HESA and the Legislative Instruments Act 2003. There are no exclusions, exemptions, or thresholds specified in this particular approval, and the approval does not extend or restrict application through subordinate instruments. The approval benefits solely Australian School of Management Pty Ltd, and no consultation was deemed necessary as the notice does not have a substantial effect on business or competition.

Key Provisions

The Higher Education Support Act 2003 (HESA) contains provisions that govern the approval of bodies as Higher Education Providers, and this legislative instrument focuses on the approval of Australian School of Management Pty Ltd as a Higher Education Provider under sections 16-25 and 16-50(1) of HESA. Section 16-25 of HESA allows the Minister to approve bodies as Higher Education Providers, while subsection 16-50(1) requires the Minister to decide on an application for approval and notify the applicant in writing of the outcome. Subsection 16-55(1) stipulates that a notice of approval is a legislative instrument. This instrument serves to approve Australian School of Management Pty Ltd as a Higher Education Provider and to notify the company of this approval. The approval process and the subsequent notice of approval impose specific obligations on the Minister and the Australian School of Management Pty Ltd. The Minister is required to assess the application against the criteria outlined in HESA and provide a written notification to the applicant regarding the approval decision. The approved Higher Education Provider must comply with all relevant provisions of HESA and any other applicable legislation to maintain their status. This includes adhering to standards related to course delivery, student support services, and financial management, among other requirements. In terms of consequences for non-compliance or breaches, HESA includes provisions for both civil and criminal penalties. Civil penalties can include fines and orders for corrective action, while criminal penalties can result in imprisonment or fines for serious or repeated breaches. The specific penalties are determined by the severity and nature of the breach, with maximum penalties outlined in the relevant sections of HESA. It is important for Higher Education Providers to be aware of these obligations and consequences to ensure compliance and maintain their approval status.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.