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 6 of 2013
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:
- approves Relationships Australia (NSW) (ACN: 000 509 982 ABN: 73 000 509 982) as a Higher Education Provider under section 16‑25 of the Act;
- decides the application of Relationships Australia (NSW) for the purposes of paragraph 16‑50(1)(a) of the Act; and
- gives Relationships Australia (NSW) 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 Relationships Australia (NSW) 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 Relationships Australia (NSW) 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 Relationships Australia (NSW) 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 Relationships Australia (NSW) 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 Relationships Australia (NSW) as a Higher Education provider under the Act and thereby enable eligible students of Relationships Australia (NSW) 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 Relationships Australia (NSW) 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 regulation and support of higher education providers in Australia. This Act was introduced to address the need for a structured approach to approving bodies that offer higher education and to ensure that such institutions meet certain standards to qualify for government support mechanisms such as FEE-HELP assistance. Enacted by the Australian Parliament, the Act aims to facilitate access to higher education by ensuring that approved institutions can offer government-subsidised loans and contributions to eligible students. The Higher Education Provider Approval No 6 of 2013, issued under the authority of the Minister for Education, serves to approve Relationships Australia (NSW) as a Higher Education Provider, thereby enabling it to provide FEE-HELP assistance to its eligible students. This legislative instrument aligns with the policy objective of extending educational opportunities by recognising Relationships Australia (NSW) as a legitimate provider of higher education services.
Scope and Application
The Higher Education Support Act 2003, as evidenced by the legislative instrument F2013L01985, governs the approval process for entities to be recognised as Higher Education Providers, thereby allowing them to offer FEE-HELP assistance to eligible students. The specific instrument in question approves Relationships Australia (NSW) as a Higher Education Provider, enabling it to provide FEE-HELP assistance to its students. This approval is granted under section 16-25 of the Act, which empowers the Minister to approve bodies that meet certain criteria. The decision to approve and the subsequent notification to Relationships Australia (NSW) are executed under sections 16-50(1)(a) and (b) respectively, and the approval notice is registered as a legislative instrument under subsection 16-55(1). The instrument’s jurisdiction is federal, impacting the Higher Education landscape across Australia. Notably, this legislative instrument does not extend to other entities and is specifically tailored for Relationships Australia (NSW), reflecting its unique application and limited scope.
Key Provisions
The key operative sections of this legislation include section 16-25 of the Higher Education Support Act 2003, which allows the Minister to approve bodies as Higher Education Providers, and subsection 16-50(1)(b), which mandates that the Minister must notify applicants in writing of their approval status as a Higher Education Provider. The legislation also specifies that the Minister has delegated their powers under section 16-25 and subsection 16-50(1) to an APS employee responsible for administering the Act (section 238-5). A notice of approval under the Act is a legislative instrument (subsection 16-55(1)). The purpose of this specific instrument is to approve Relationships Australia (NSW) as a Higher Education Provider under section 16-25 of the Act, decide on their application under paragraph 16-50(1)(a), and provide them with notice of this approval as per paragraph 16-50(1)(b).
The Act imposes obligations on the Minister to ensure that Relationships Australia (NSW) meets the requirements for approval as a Higher Education Provider. This involves assessing the application and deciding whether the applicant meets the necessary criteria. If approved, the Minister must provide Relationships Australia (NSW) with written notification of this decision. The Act also requires the Minister to ensure that the approval process is conducted in accordance with the provisions of the Higher Education Support Act 2003, including any relevant delegated powers and responsibilities.
The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the requirements for approval or the notification process could potentially result in legal challenges or administrative actions. Given that the Act focuses on the approval process and notification requirements, any breaches would likely be addressed through administrative means, such as reviews or appeals, rather than criminal or civil penalties. The Minister would have the authority to take corrective action if the approval process is not followed correctly.