Higher Education Provider Approval No. 3 of 2017

Overview

The Higher Education Support Act 2003, enacted to address the need for a regulatory framework governing higher education providers in Australia, was introduced to establish criteria and conditions for the approval and oversight of these entities. This Act empowers the Minister for Education and Training to approve higher education providers and impose necessary conditions to ensure compliance with educational standards. The Act was passed by the Parliament of Australia to provide a structured approach to recognising institutions capable of delivering higher education, thereby safeguarding the quality of education and protecting students’ interests. The policy objective of the Act is to ensure that higher education providers meet specific standards, which in turn promotes educational quality and student access to financial assistance programs like FEE-HELP. The legislative instrument in question, issued under the authority of the Minister, aims to approve Russo Business School Pty Ltd as a higher education provider, impose relevant conditions, and notify the applicant of the decision, aligning with the objectives and provisions outlined in the Higher Education Support Act 2003.

Scope and Application

The Explanatory Statement for Approval and Notice of Approval under Sections 16-25 and 16-50 of the Higher Education Support Act 2003 provides for the approval of Russo Business School Pty Ltd as a higher education provider. This approval is issued by the authority of the Minister or the Minister’s Delegate for Education and Training, pursuant to sections 16-25 and 16-50 of the Act. The approval applies specifically to Russo Business School Pty Ltd, identified by its ACN and ABN, and authorises it to operate as a higher education provider within the Commonwealth of Australia. The instrument also imposes certain conditions on this approval, which Russo Business School Pty Ltd must adhere to, and includes the authority to suspend or revoke the approval if conditions are breached. The notice of approval is a legislative instrument and becomes effective the day after it is registered on the Federal Register of Legislation. Notably, the Minister has delegated their powers under the Act to an APS employee responsible for administering the Act, and consultation was deemed unnecessary due to the limited impact of this approval on other entities. The instrument ensures compatibility with human rights, particularly the right to education as outlined in Article 13 of the International Covenant on Economic, Social, and Cultural Rights, by enabling Russo Business School Pty Ltd to offer FEE-HELP assistance to its eligible students. This approval promotes the right to education by allowing Russo Business School Pty Ltd to provide higher education and training, thereby extending access to FEE-HELP assistance and educational opportunities to its students.

Key Provisions

The key operative sections of this legislation are sections 16-25 and 16-50 of the Higher Education Support Act 2003, which provide for the approval of bodies as higher education providers by the Minister and the requirement to notify applicants in writing of the Minister's decision on their application for approval. Section 16-60 of the Act allows the Minister to impose conditions on a body's approval as a higher education provider, and subsections 22-15(1) and 22-30(1) of the Act permit the Minister to suspend or revoke a provider's approval if any conditions are breached. The approval and decision to approve Russo Business School Pty Ltd as a higher education provider, along with the imposed conditions, take effect on the day after the notice is registered on the Federal Register of Legislation, as stipulated in subsection 16-55(2) of the Act. The Act imposes several obligations and requirements on Russo Business School Pty Ltd, including compliance with the conditions set out in the notice of approval. These conditions are imposed by the Minister under section 16-60 of the Act and are intended to ensure that the provider meets certain standards and criteria. Additionally, the Act requires Russo Business School Pty Ltd to notify the Minister of any changes to its operations or governance that may affect its compliance with the conditions. The Minister may also conduct audits or inspections to verify compliance with the conditions. The Act imposes penalties and consequences for breaches of its provisions. Under subsections 22-15(1) and 22-30(1) of the Act, the Minister has the power to suspend or revoke Russo Business School Pty Ltd's approval as a higher education provider if any conditions are breached. This can result in the provider losing its ability to offer courses and receive government funding. Furthermore, any individual or entity that knowingly or recklessly makes a false or misleading statement in an application for approval may be subject to criminal penalties, including fines of up to $22,200 for individuals and $111,000 for bodies corporate. Civil penalties may also apply for breaches of the Act, including pecuniary penalties of up to $11,100 for individuals and $55,500 for bodies corporate. These penalties are intended to deter non-compliance and ensure that higher education providers meet the necessary standards and requirements.