Higher Education Provider Approval No. 5 of 2014

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. 5 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. Section 16-60 of the Act provides for the Minister to impose conditions on a body’s approval as a Higher Education Provider. 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:

1. approves MHM Higher Education Pty Ltd (ACN: 139 036 721  ABN: 16 139 036 721) as a Higher Education Provider under section 16‑25 of the Act;
2. imposes conditions on the approval of MHM Higher Education Pty Ltd as a Higher Education Provider under subclause 12A(1) of Schedule 1A to the Act;
3. decides the application of MHM Higher Education Pty Ltd for the purposes of paragraph 16‑50(1)(a) of the Act; and
4. gives MHM Higher Education Pty Ltd notice of that approval for the purposes of paragraph 16‑50(1)(b) of the Act.

Conditions

The Minister has the power under section 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 MHM Higher Education Pty Ltd’s approval as a Higher Education Provider.

Conditions 1 to 4 will remain in place for a period of 36 months from the date of commencement of the notice of approval. Condition 5 will remain in place for a period of at least 36 months from the date of commencement of the notice of approval and continue thereafter until such time as retained earnings are positive.

Conditions 6 to 9 will remain in place for such time as MHM Higher Education Pty Ltd continues to be an approved FEE-HELP provider.

In accordance with subsection 22-15(1) and 22-30(1) of the Act, the Minister may suspend or revoke MHM Higher Education Pty Ltd‘s approval as a Higher Education Provider if MHM Higher Education Pty Ltd breaches any of the conditions imposed on MHM Higher Education Pty Ltd’s approval as a Higher Education Provider.

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 MHM Higher Education Pty Ltd 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 MHM Higher Education 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 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 MHM Higher Education Pty Ltd 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 MHM Higher Education Pty Ltd 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 MHM Higher Education Pty Ltd as a Higher Education Provider under the Act and thereby enable eligible students of MHM Higher Education 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 MHM Higher Education 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.