Higher Education Provider Approval No. 5 of 2014

Administered by Department of Education

Legislation au F2014L01578 In force Legislative Instrument

Legislation content

 

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 1625 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 1650(1)(a) of the Act provides that the Minister must decide an application for approval as a Higher Education Provider and under paragraph 1650(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 1625 and subsection 1650(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 1650(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 1625 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 1650(1)(a) of the Act; and
  4. gives MHM Higher Education Pty Ltd notice of that approval for the purposes of paragraph 1650(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 1655(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 1625(1), paragraph 1650(1)(b) and subsection 1655(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 FEEHELP assistance under the Act. For approval as a Higher Education Provider the Minister must be satisfied that the body meets the requirements of section 1625 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 FEEHELP 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 FEEHELP 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 FEEHELP 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 of higher education providers in Australia, particularly in relation to student financial assistance schemes such as FEE-HELP. This Act addresses the gap in the regulation and oversight of entities offering higher education services, ensuring that these providers meet certain standards and criteria to be eligible for government support. The Act is administered by the Minister for Education, who has the authority to approve higher education providers and impose conditions on their approval. The policy objective of the Act is to ensure the quality and integrity of higher education services in Australia while facilitating access to higher education for eligible students through financial assistance schemes. The Explanatory Statement for Approval and Notice of Approval under section 16-25 and subsection 16-50(1) of the Act, specifically the Higher Education Provider Approval No. 5 of 2014, details the approval of MHM Higher Education Pty Ltd as a Higher Education Provider, imposing certain conditions on its approval to ensure compliance with the Act's requirements.

Scope and Application

The Higher Education Support Act 2003 establishes the framework for the approval of entities as Higher Education Providers, enabling them to participate in the FEE-HELP scheme, which provides financial assistance to eligible students. Under the Act, the Minister for Education is authorised to approve bodies as Higher Education Providers and to impose conditions on such approval. This legislative instrument, Higher Education Provider Approval No. 5 of 2014, serves to approve MHM Higher Education Pty Ltd as a Higher Education Provider and imposes specific conditions on this approval. The approval and the accompanying conditions are applicable solely to MHM Higher Education Pty Ltd, with no broader implications for other entities or industries. The geographic reach of this approval is nationwide, as it pertains to the Commonwealth's legislative authority over higher education. The instrument does not specify exclusions or thresholds beyond the scope of its application to MHM Higher Education Pty Ltd. The Minister’s powers under the Act may be exercised further through subordinate instruments, though this particular legislative instrument does not extend or restrict application beyond its stated conditions and scope.

Key Provisions

The F2014L01578 Explanatory Statement outlines the key provisions of the Higher Education Support Act 2003, specifically focusing on the approval of MHM Higher Education Pty Ltd as a Higher Education Provider. Section 16-25 (1) of the Act permits the Minister to approve bodies as Higher Education Providers, while Section 16-60 allows for the imposition of conditions on such approval. The Explanatory Statement indicates that the Minister has approved MHM Higher Education Pty Ltd (ACN: 139 036 721, ABN: 16 139 036 721) as a Higher Education Provider and has imposed specific conditions on this approval. These conditions vary in duration, with some lasting 36 months from the date of approval and others continuing until certain criteria are met, such as positive retained earnings. In approving MHM Higher Education Pty Ltd, the Minister has imposed conditions that the entity must adhere to. These conditions include financial requirements, educational standards, and operational guidelines designed to ensure that MHM Higher Education Pty Ltd meets the necessary standards to provide FEE-HELP assistance. The conditions are outlined in the Notice of Approval, which is a legislative instrument under the Act. MHM Higher Education Pty Ltd must comply with these conditions to maintain its approval as a Higher Education Provider. The Act also imposes specific obligations on MHM Higher Education Pty Ltd. The Minister has the authority to suspend or revoke the approval if MHM Higher Education Pty Ltd breaches any of the imposed conditions. This means that ongoing compliance is mandatory, and failure to adhere to the conditions can result in severe consequences for the entity. The Minister's powers to suspend or revoke approval are exercised under sections 16-60 and 22-15 of the Act. The Notice of Approval and the decision to approve MHM Higher Education Pty Ltd take effect on the day after the notice is registered on the Federal Register of Legislative Instruments, as stipulated in subsection 16-55(2) of the Act. In terms of penalties and consequences, the Explanatory Statement does not specify maximum penalties for breaches of the conditions. However, it does indicate that failure to comply with the conditions can lead to the suspension or revocation of MHM Higher Education Pty Ltd's approval as a Higher Education Provider. Such actions would likely have significant legal and operational repercussions for the entity, potentially affecting its ability to offer educational services and FEE-HELP assistance to students. The approval and its associated conditions are crucial for ensuring that MHM Higher Education Pty Ltd operates within the legal framework established by the Higher Education Support Act 2003.

Legal classification tags

Area of Law
Education Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Conditions of Approval

Interactions

Authorises

All Versions

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.