Higher Education Provider Approval No. 2 of 2015

 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 2015

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:

1. approves S P Jain School of Global Management Pty Limited (ACN: 136 711 567  ABN: 87 136 711 567) as a Higher Education Provider under section 16‑25 of the Act;
2. imposes conditions on the approval of S P Jain School of Global Management Pty Limited as a Higher Education Provider under subclause 12A(1) of Schedule 1A to the Act;
3. decides the application of S P Jain School of Global Management Pty Limited for the purposes of paragraph 16‑50(1)(a) of the Act; and
4. gives S P Jain School of Global Management Pty Limited notice of that approval for the purposes of paragraph 16‑50(1)(b) of the Act.

Conditions

The Minister has the power under section 16-60 of the Act, to impose or vary conditions on a body’s approval as a Higher Education Provider. Conditions imposed under that provision are set out in the Notice of Approval for S P Jain School of Global Management Pty Limited‘s approval as a Higher Education Provider.

In accordance with subsection 22-15(1) and 22-30(1) of the Act, the Minister may suspend or revoke S P Jain School of Global Management Pty Limited‘s approval as a Higher Education Provider if S P Jain School of Global Management Pty Limited breaches any of the conditions imposed on S P Jain School of Global Management Pty Limited’s approval as a Higher Education Provider.

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 S P Jain School of Global Management Pty Limited 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 S P Jain School of Global Management Pty Limited 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 S P Jain School of Global Management Pty Limited 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 S P Jain School of Global Management Pty Limited 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 S P Jain School of Global Management Pty Limited as a Higher Education provider under the Act and thereby enable eligible students of S P Jain School of Global Management Pty Limited 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 S P Jain School of Global Management Pty Limited 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.