EXPLANATORY STATEMENT
Instrument of approval pursuant to subsection 16-50(1)
of the Higher Education Support Act 2003
Higher Education Provider Approval (No. 4 of 2008)
Issued by the authority of the Minister for Education
Subject: Higher Education Support Act 2003
Higher Education Provider Approval pursuant to section 16-25 and subsection 16-50(1) of the Higher Education Support Act 2003
Section 16-25 of the Higher Education Support Act 2003 (‘the HESA’) empowers the Minister to, in writing, approve a body corporate as a higher education provider. Subsection 16-50(1) of the HESA provides that the Minister must decide an application for approval as a higher education provider, and must cause the applicant to be notified in writing regarding whether or not the applicant is approved as a higher education provider.
The instrument of approval is made pursuant to subsection 16-50(1) of the HESA. The instrument approves and gives notice of approval of Whitehouse Institute Pty Ltd as a higher education provider.
Consultation was not undertaken and was not considered necessary in this case because the instrument confers a benefit on Whitehouse Institute Pty Ltd and Whitehouse Institute Pty Ltd is the only body affected by the instrument. This instrument will not have a direct or substantial indirect effect on business, nor will it restrict competition.
Commencement
In accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, the approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.
Overview
The Higher Education Support Act 2003 (HESA) was enacted to provide a framework for the regulation and support of higher education providers in Australia. This Act was introduced to address the need for a consistent and comprehensive approach to the approval and regulation of higher education institutions, ensuring that they meet certain standards and can provide quality education to students. Section 16-25 of the HESA empowers the Minister for Education to approve a body corporate as a higher education provider. This legislative instrument, issued by the authority of the Minister, provides the formal approval of Whitehouse Institute Pty Ltd as a higher education provider. The instrument of approval is made pursuant to subsection 16-50(1) of the HESA, which requires the Minister to decide on an application for approval and notify the applicant of the decision in writing. The approval process ensures that Whitehouse Institute Pty Ltd meets the necessary standards and is authorised to offer higher education courses. No consultation was deemed necessary for this approval as it directly benefits the applicant and has no substantial effect on competition or business.
Scope and Application
The Higher Education Provider Approval (No. 4 of 2008) instrument, issued under the Higher Education Support Act 2003, specifically approves Whitehouse Institute Pty Ltd as a higher education provider. This approval is granted pursuant to section 16-25 of the HESA, which allows the Minister to approve a body corporate as a higher education provider, and under subsection 16-50(1) of the HESA, which mandates the Minister to decide on applications for such approval. The approval process and its subsequent notification to the applicant are detailed in the HESA, which requires the Minister to notify the applicant in writing of the decision. Given that this instrument directly benefits Whitehouse Institute Pty Ltd and does not impact any other entities, consultation was deemed unnecessary. Furthermore, the approval is not expected to have any direct or substantial indirect effects on business or competition. The approval takes effect on the day following the last day a House of Parliament could have passed a resolution disallowing the notice, in line with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the Higher Education Provider Approval (No. 4 of 2008) under the Higher Education Support Act 2003 (HESA) are sections 16-25 and 16-50(1). Section 16-25 empowers the Minister to approve a body corporate as a higher education provider in writing, while section 16-50(1) mandates that the Minister must decide on an application for approval and notify the applicant of the decision in writing. This instrument specifically approves Whitehouse Institute Pty Ltd as a higher education provider and provides notice of this approval.
The obligations and requirements imposed by this Act on the parties it governs primarily revolve around the approval process for higher education providers. Under section 16-50(1) of the HESA, the Minister must make a decision on applications for approval and ensure that the applicants are notified of their status. The approval process must be conducted in writing, and the Minister must provide explicit notification to the applicant regarding their approval status. Additionally, the Act ensures that the approval will come into effect on the day following the last possible day for a House of Parliament to pass a resolution disallowing the approval, as stipulated in section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003.
The Higher Education Provider Approval (No. 4 of 2008) does not detail specific offences, penalties, or consequences for breaches. However, the HESA itself outlines potential civil and criminal penalties for non-compliance by higher education providers. These can include fines, the possibility of ceasing operations, and other sanctions that the Minister may impose. The exact penalties and consequences would depend on the nature and severity of the breach, as well as any specific provisions within the HESA and other relevant legislation.