Higher Education Provider Approval No. 3 of 2018

Administered by Department of Education

Legislation au F2018L01805 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Approval and Notice of Approval under Sections 16-25 and 16-50 of the Higher Education Support Act 2003

 

Higher Education Provider Approval No. 3 of 2018

 

Issued by the authority of the Minister or the Minister’s Delegate for Education and Training

 

Authority

Section 16-25 of the Higher Education Support Act 2003 (the Act) provides for the approval of bodies as higher education providers by the Minister. Section 16-50 of the Act provides that the Minister must decide an application for approval as a higher education provider and under paragraph 16-50(1b) 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(1b) of the Act is a legislative instrument.

 

Purpose

This instrument:

a. approves Higher Education Leadership Institute Pty Ltd (ABN: 71 606 961 451, ACN: 606 961 451) as a higher education provider under section 16-25 of the Act;

b. imposes conditions on the approval of Higher Education Leadership Institute Pty Ltd as a higher education provider under subclause 16-60 of the Act;

c. decides the application of Higher Education Leadership Institute Pty Ltd for the purposes of paragraph 16-50(1a) of the Act; and

d. gives Higher Education Leadership Institute Pty Ltd notice of that approval for the purposes of paragraph 16-50(1b) of the Act.

 

Conditions

The Minister has the power under 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 Higher Education Leadership Institute Pty Ltd as a higher education provider.

In accordance with subsections 22-15(1) and 22-30(1), the Minister may suspend or revoke Higher Education Leadership Institute Pty Ltd’s approval as a higher education provider if Higher Education Leadership Institute Pty Ltd breaches any of the conditions imposed on Higher Education Leadership Institute Pty Ltd’s approval as a higher education provider.

 

Commencement

In accordance with subsection 16-55(2) of the Act and paragraph 12-1(a) of the Legislative Instruments Act 2003, the notice and the decision to approve Higher Education Leadership Institute Pty Ltd as a higher education provider take effect on the day after the notice is registered on the Federal Register of Legislation.

 

Consultation

Consultation was not undertaken and was not considered necessary in this case because the notice confers a benefit on Higher Education Leadership Institute 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 or the Minister’s Delegate under subclause 16-55 of the Act. The purpose of the Instrument is to approve Higher Education Leadership Institute Pty Ltd as a higher education provider. For approval as a higher education provider the Minister must be satisfied that the body meets the requirements of subclause 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 higher education and training by Higher Education Leadership Institute Pty Ltd by approving it as a higher education provider, enabling it to offer FEE‑HELP assistance to its eligible students.

 

The objective of the Instrument is to approve Higher Education Leadership Institute Pty Ltd as a higher education provider under the Act and thereby enable eligible students of Higher Education Leadership Institute 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 Higher Education Leadership Institute 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 was enacted to provide a framework for the regulation and support of higher education providers in Australia. It addresses the need for a structured system that ensures the quality and integrity of higher education services, allowing eligible students to access financial assistance such as FEE-HELP. The Act was introduced by the Australian Parliament to safeguard the interests of students and maintain high standards within the higher education sector. In the context of the Explanatory Statement, the Minister for Education and Training, or a delegate, has approved Higher Education Leadership Institute Pty Ltd as a higher education provider under the Act. This approval is contingent upon the Institute meeting the statutory requirements and is subject to conditions that can be varied, suspended, or revoked if breached. The approval process ensures that the provider is fit to offer higher education services and can access government-supported financial schemes. The approval and imposition of conditions are intended to promote the right to education by enabling eligible students to benefit from financial assistance for their studies.

Scope and Application

The Higher Education Provider Approval No. 3 of 2018 is a legislative instrument issued under section 16-55 of the Higher Education Support Act 2003, which grants the Minister or their delegate the authority to approve entities as higher education providers. Specifically, this instrument approves Higher Education Leadership Institute Pty Ltd as a higher education provider, thereby enabling eligible students to access FEE-HELP assistance for courses of study. The approval is subject to certain conditions that can be imposed, varied, suspended, or revoked by the Minister under the Act. The approval and its associated conditions take effect the day after the notice is registered on the Federal Register of Legislation. The instrument explicitly states that no consultation was deemed necessary as the approval directly benefits the named entity and does not have a substantial effect on business or competition. Furthermore, the instrument is compatible with human rights, particularly the right to education under Article 13 of the International Covenant on Economic, Social, and Cultural Rights, as it extends the availability of FEE-HELP assistance and higher education opportunities to eligible students.

Key Provisions

The main operative sections of this legislation are sections 16-25 and 16-50 of the Higher Education Support Act 2003. Section 16-25 provides the framework for the approval of bodies as higher education providers by the Minister, while section 16-50 mandates that the Minister must decide an application for approval and notify the applicant in writing of the outcome. The Higher Education Provider Approval No. 3 of 2018, issued under the authority of the Minister for Education and Training, specifically approves Higher Education Leadership Institute Pty Ltd as a higher education provider and imposes certain conditions on this approval, as outlined in the notice of approval. The notice of approval is a legislative instrument that takes effect the day after its registration on the Federal Register of Legislation. The obligations and requirements imposed by this Act on Higher Education Leadership Institute Pty Ltd include adhering to the conditions set out in the notice of approval, which are designed to ensure that the institute meets the necessary standards for providing higher education. The Minister has the authority to impose, vary, suspend, or revoke the approval of the institute if any of these conditions are breached. This is in line with subsections 22-15(1) and 22-30(1) of the Act, which detail the processes for suspending or revoking approval. The institute must also comply with any other relevant legislative requirements for operating as a higher education provider in Australia. In terms of consequences for breach, the Act outlines potential civil and criminal penalties for non-compliance. If Higher Education Leadership Institute Pty Ltd fails to meet the conditions imposed on its approval, the Minister may suspend or revoke its approval as a higher education provider. This action could prevent the institute from offering courses and potentially deprive its students of FEE-HELP assistance. The specific penalties for breaches are not detailed in the legislation but may include fines or other administrative sanctions as determined by the relevant authorities. It is important to note that the decision to suspend or revoke approval is subject to the processes outlined in the Act, ensuring due process and fairness for the institute.

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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.