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 2014
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:
(a) approves Australian Institute of Management Education and Training (ACN: 009 668 553 ABN: 40 009 668 553) as a Higher Education Provider under section 16‑25 of the Act;
(b) decides the application of Australian Institute of Management Education and Training for the purposes of paragraph 16‑50(1)(a) of the Act; and
(c) gives Australian Institute of Management Education and Training 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 Australian Institute of Management Education and Training 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 Australian Institute of Management Education and Training 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 Australian Institute of Management Education and Training 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 Australian Institute of Management Education and Training 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 Australian Institute of Management Education and Training as a Higher Education provider under the Act and thereby enable eligible students of Australian Institute of Management Education and Training 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 Australian Institute of Management Education and Training 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 supporting higher education in Australia, with a particular focus on ensuring that students have access to financial assistance. The problem it addresses includes ensuring that higher education providers meet certain standards and that students are appropriately assisted in their educational pursuits. The Act was passed by the Parliament of Australia and its policy objective is to support higher education by providing mechanisms for student financial assistance, such as FEE-HELP, and ensuring that institutions approved to deliver higher education meet certain standards. The Explanatory Statement for F2014L01493, issued under the authority of the Minister for Education, clarifies the process of approving the Australian Institute of Management Education and Training as a Higher Education Provider. This legislative instrument ensures that the Institute meets the requirements to offer FEE-HELP assistance to its students, thereby promoting access to higher education and supporting the right to education as recognised in international human rights instruments.
Scope and Application
The Higher Education Provider Approval No. 4 of 2014, issued under the Higher Education Support Act 2003, pertains specifically to the Australian Institute of Management Education and Training, identified by its ACN 009 668 553 and ABN 40 009 668 553. This legislative instrument approves the Australian Institute of Management Education and Training as a Higher Education Provider, thus enabling it to offer FEE-HELP assistance to its eligible students. The approval is granted by the Minister for Education, who has delegated these powers to an Australian Public Service employee responsible for administering the Act. The approval takes effect on the day following the registration of the notice on the Federal Register of Legislative Instruments, as stipulated by the Act and the Legislative Instruments Act 2003. The notice does not require consultation as it benefits only the Australian Institute of Management Education and Training and does not substantially impact business or competition. The approval aligns with human rights, particularly the right to education, by facilitating access to FEE-HELP assistance and thereby enhancing educational opportunities for eligible students.
Key Provisions
The key operative sections of the legislation are sections 16-25, 16-50(1) and 16-55(1) of the Higher Education Support Act 2003. Section 16-25 allows the Minister to approve bodies as Higher Education Providers, while section 16-50(1) requires the Minister to decide on an application for approval and notify the applicant in writing of the decision. Section 16-55(1) states that the Minister's decision to approve an application is a legislative instrument. The legislation also includes provisions delegating the Minister's powers under sections 16-25 and 16-50(1) to an APS employee responsible for administering the Act.
The legislation imposes certain obligations and requirements on the Australian Institute of Management Education and Training (AIMET) as the approved Higher Education Provider. It must meet the requirements of section 16-25 of the Act in order to be approved. The Act also requires the Minister to give AIMET written notice of the approval decision under section 16-50(1)(b). The Minister has delegated his powers to an APS employee who is responsible for administering the Act.
There are no specific offences, penalties, or consequences mentioned in the legislation for breach of the provisions. However, the approval of AIMET as a Higher Education Provider is subject to the condition that it meets the requirements of section 16-25 of the Act. Failure to meet these requirements could result in the approval being revoked or not granted in the first place. The Minister also has the power to take enforcement action if AIMET fails to comply with its obligations under the Act.
Overall, the legislation provides a framework for approving bodies as Higher Education Providers and ensuring they meet certain requirements in order to offer FEE-HELP assistance to eligible students. The approval process is overseen by the Minister and delegated to an APS employee responsible for administering the Act. The legislation also considers human rights implications, in particular the right to education under the International Covenant on Economic, Social and Cultural Rights.