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. 4 of 2013
Issued by the authority of the Minister for Higher 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 TAFE Queensland (ABN: 72 898 805 093) as a Higher Education Provider under section 16‑25 of the Act;
- decides the application of TAFE Queensland for the purposes of paragraph 16‑50(1)(a) of the Act; and
- gives TAFE Queensland 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 TAFE Queensland 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 TAFE Queensland 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 TAFE Queensland 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 TAFE Queensland 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 TAFE Queensland as a Higher Education Provider under the Act and thereby enable eligible students of TAFE Queensland 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 TAFE Queensland 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 support of higher education in Australia, particularly through the provision of financial assistance to students. This Act was introduced to address the need for a structured system of support to ensure that higher education remains accessible and affordable for students. The Higher Education Support Act 2003 was enacted by the Parliament of Australia, with the intent to streamline the process for approving higher education providers and to facilitate the delivery of financial assistance such as FEE-HELP. The policy objective of the Act is to ensure that students have access to higher education and that higher education providers meet the necessary standards to be eligible for government support.
Scope and Application
The legislative instrument F2013L01641, issued under the authority of the Minister for Higher Education, pertains to the Higher Education Support Act 2003 and specifically concerns the approval of TAFE Queensland as a Higher Education Provider. This approval is necessary for TAFE Queensland to offer FEE-HELP assistance to its eligible students. The Act allows the Minister to approve bodies as Higher Education Providers under section 16-25, and this instrument implements that approval for TAFE Queensland. The decision and subsequent notification of approval are mandated by subsections 16-50(1)(a) and (b) of the Act, respectively, and the notice of approval is designated as a legislative instrument under subsection 16-55(1). This approval and notification process is effective from the day after the notice is registered on the Federal Register of Legislative Instruments. The instrument’s purpose is to extend FEE-HELP assistance to eligible students of TAFE Queensland by recognising it as a Higher Education Provider under the Act, thereby facilitating access to higher education funding. The instrument explicitly states that no consultation was deemed necessary as the approval directly benefits TAFE Queensland without substantial indirect effects on business or competition.
Key Provisions
The Higher Education Provider Approval No. 4 of 2013 under the Higher Education Support Act 2003 serves to approve TAFE Queensland as a Higher Education Provider. This approval is made under section 16-25 of the Act, which allows the Minister for Higher Education to approve bodies as Higher Education Providers. The instrument also mandates that the Minister must decide on the application for approval and notify the applicant in writing of the decision (sections 16-50(1)(a) and (b)). The Minister has delegated these powers to an Australian Public Service employee responsible for administering the Act, as stipulated in section 238-5.
The obligations imposed by this Act on TAFE Queensland include meeting the criteria set out in section 16-25, which ensures that the institution provides quality education services eligible for FEE-HELP assistance. TAFE Queensland must maintain compliance with the standards and requirements set forth in the Act to retain its approval status as a Higher Education Provider. Furthermore, upon approval, TAFE Queensland is required to inform its students about the availability of FEE-HELP assistance and ensure they understand the terms and conditions associated with this financial aid.
In the event of non-compliance with the provisions of the Higher Education Support Act 2003, the Act provides for various civil and criminal consequences. The Act includes specific offences that can be prosecuted, with penalties commensurate with the severity of the breach. For instance, providing false or misleading information in an application for approval could result in substantial fines or imprisonment, depending on the nature and extent of the offence. Additionally, failure to maintain the required standards could lead to the revocation of approval, effectively barring the institution from offering FEE-HELP assistance to its students.
The approval of TAFE Queensland as a Higher Education Provider under this legislation is crucial for enabling eligible students to access FEE-HELP assistance, thereby promoting higher education accessibility and affordability. The Act's stringent measures and penalties underscore the importance of compliance and the protection of students' rights to education and financial support.