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 2014
Issued by the authority of the Minister for Education
Authority
Section 16‑25 of Higher Education Support Act 2003 (the Act) provides for the approval of bodies as Higher Education Providers by the Minister. Paragraph 16‑50(1)(a) of the Act provides that the Minister must decide an application for approval as a Higher Education Provider and under paragraph 16‑50(1)(b) cause the applicant to be notified in writing whether or not the applicant is approved as a Higher Education Provider.
Under section 238-5 of the Act the Minister has delegated his powers under section 16‑25 and subsection 16‑50(1) of the Act to an APS employee responsible for administering the Act.
Subsection 16-55(1) of the Act stipulates that a notice of approval under paragraph 16‑50(1)(b) of the Act is a legislative instrument.
Purpose
This instrument:
- approves ParaPharm Pty Ltd (ACN: 098 564 099, ABN: 45 098 564 099) as a Higher Education Provider under section 16‑25 of the Act;
- decides the application of ParaPharm Pty Ltd for the purposes of paragraph 16‑50(1)(a) of the Act; and
- gives ParaPharm Pty Ltd notice of that approval for the purposes of paragraph 16‑50(1)(b) of the Act.
Commencement
In accordance with subsection 16‑55(2) of the Act and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the decision to approve ParaPharm Pty Ltd as a Higher Education Provider take 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 ParaPharm 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
This 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), paragraph 16‑50(1)(b) and subsection 16‑55(1) of the Act. The purpose of the Instrument is to approve ParaPharm Pty Ltd as a Higher Education provider for the purposes of FEE‑HELP assistance under the Act. For approval as a Higher Education Provider the Minister must be satisfied that the body meets the requirements of section 16‑25 of the Act.
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 ParaPharm Pty Ltd by approving it as a Higher Education provider for the purposes of FEE‑HELP assistance under the Act, enabling it to offer FEE-HELP assistance to its eligible students.
The objective of the Instrument is to approve ParaPharm Pty Ltd as a Higher Education provider under the Act and thereby enable eligible students of ParaPharm 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 ParaPharm 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, enacted by the Australian Parliament, aims to facilitate access to higher education by supporting eligible students through financial assistance schemes like FEE-HELP. To ensure that educational providers meet specific standards and are capable of delivering quality education, the Act includes provisions for the approval of Higher Education Providers. Section 16-25 of the Act allows the Minister for Education to approve bodies as Higher Education Providers, a critical step for institutions to access certain funding and support mechanisms. This legislative framework addresses the need for a structured and regulated system to qualify educational institutions that can provide courses eligible for government-supported financial assistance.
The explanatory statement for the legislative instrument F2014L00373 clarifies the process under which ParaPharm Pty Ltd was approved as a Higher Education Provider. Issued by the authority of the Minister for Education, this instrument not only approves ParaPharm Pty Ltd under section 16-25 but also mandates the notification of this decision, as stipulated in section 16-50(1) of the Act. The primary policy objective is to facilitate access to FEE-HELP assistance for eligible students by ensuring that ParaPharm Pty Ltd meets the necessary criteria to be recognised as a Higher Education Provider. This approval process underscores the government's commitment to maintaining standards within the higher education sector while promoting educational opportunities for students.
Scope and Application
This legislation, F2014L00373, pertains to the approval of ParaPharm Pty Ltd as a Higher Education Provider under section 16-25 and subsection 16-50(1) of the Higher Education Support Act 2003. The Minister for Education has delegated their authority to approve ParaPharm Pty Ltd, with the decision and notice of approval taking effect after registration on the Federal Register of Legislative Instruments. The approval is intended to enable ParaPharm Pty Ltd to offer FEE-HELP assistance to its eligible students, thereby extending the availability of education to them. This instrument directly applies to ParaPharm Pty Ltd, a single entity within the higher education sector, and the approval facilitates its participation in the FEE-HELP scheme. The legislation is limited to the Commonwealth jurisdiction and does not include any stated exclusions, exemptions, or thresholds. The scope of the Act is further extended through subordinate instruments, which may provide additional regulatory details or conditions for the approval process.
Key Provisions
Section 16-25 of the Higher Education Support Act 2003 allows for the approval of bodies as Higher Education Providers by the Minister for Education. Under this section, the Minister is tasked with deciding applications for approval as a Higher Education Provider and must notify applicants in writing of the outcome. Section 16-50(1) of the Act stipulates that the Minister must both decide on the application (subsection (a)) and notify the applicant of the decision (subsection (b)). Additionally, the Minister has delegated these powers to an authorised APS employee, as per section 238-5. The approval notice issued under section 16-55(1) is a legislative instrument.
The Higher Education Provider Approval No. 2 of 2014 specifically approves ParaPharm Pty Ltd as a Higher Education Provider, deciding its application under section 16-50(1)(a) and notifying the company of the approval under section 16-50(1)(b). This approval allows ParaPharm Pty Ltd to offer FEE-HELP assistance to its eligible students. The approval takes effect the day after the notice is registered on the Federal Register of Legislative Instruments, in accordance with subsection 16-55(2) and paragraph 12(1)(d) of the Legislative Instruments Act 2003.
Entities approved as Higher Education Providers, such as ParaPharm Pty Ltd, must meet the criteria set out in section 16-25 of the Act. This includes compliance with any applicable standards or requirements established by the Minister. Approved entities are then permitted to offer FEE-HELP assistance to their students, subject to the terms and conditions of the Act. They must ensure their courses and services meet the educational standards and criteria necessary for FEE-HELP eligibility.
Breaches of the provisions under the Higher Education Support Act 2003 may lead to various civil or criminal consequences. For instance, if a Higher Education Provider fails to comply with the standards or requirements for approval, the Minister may revoke the approval. Such revocation can be a significant penalty for the entity, as it would lose the ability to offer FEE-HELP assistance. Additionally, entities found to have engaged in fraudulent activities or misrepresentation in their application process may face criminal charges. The maximum penalties for such offences can include substantial fines and potential imprisonment, depending on the severity and intent of the breach. Civil penalties may also apply, which could include financial penalties or orders for corrective actions.