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 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 Central Institute of Technology (ABN: 21 037 228 874) as a Higher Education Provider under section 16‑25 of the Act;
(b) decides the application of Central Institute of Technology for the purposes of paragraph 16‑50(1)(a) of the Act; and
(c) gives Central Institute of Technology 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 Central Institute of Technology 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 Central Institute of Technology 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 Central Institute of Technology 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 Central Institute of Technology 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 Central Institute of Technology as a Higher Education provider under the Act and thereby enable eligible students of Central Institute of Technology 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 Central Institute of Technology 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 (HESA) was enacted to create a framework for the provision of support to students in the higher education sector, ensuring that eligible students have access to financial assistance and that educational providers meet certain standards. This legislation was introduced to address the need for a structured system of support for higher education students, particularly through the FEE-HELP scheme, which assists students with the payment of tuition fees. The Act was passed by the Parliament of Australia and outlines the mechanisms through which educational institutions can be approved and recognised as Higher Education Providers. The policy objective of the Act is to ensure that students receive the necessary support to access higher education while maintaining high standards of educational quality and integrity.
In line with section 16-25 of the HESA, the Minister for Education has approved Central Institute of Technology (ABN: 21 037 228 874) as a Higher Education Provider. This approval was made under the authority delegated by the Minister, as per section 238-5 of the Act, and is communicated through a legislative instrument detailed in F2014L01632. The primary purpose of this approval is to enable Central Institute of Technology to offer FEE-HELP assistance to its eligible students, thereby promoting access to higher education. The decision to approve the institute was communicated to the institution in writing, and the approval takes effect as stipulated in the Act, once the notice is registered on the Federal Register of Legislative Instruments. This legislative instrument aligns with human rights by facilitating the right to education, as recognised under international covenants.
Scope and Application
The Explanatory Statement for the legislative instrument F2014L01632 pertains to the approval of the Central Institute of Technology (ABN: 21 037 228 874) as a Higher Education Provider under the Higher Education Support Act 2003. This Act applies to entities such as educational institutions seeking to offer FEE-HELP assistance, which is a government loan scheme for students. The instrument is issued under the authority of the Minister for Education and concerns the approval process stipulated in sections 16-25 and 16-50(1) of the Act. The approval and notification process is carried out by an APS employee delegated with this responsibility under section 238-5 of the Act. The geographic scope of this legislation is national, as it pertains to entities operating within Australia and is governed by Commonwealth law. The instrument does not specify any exclusions, exemptions, or thresholds, and it operates under the stipulations set forth directly within the Act, with no extensions or restrictions noted through subordinate instruments.
Key Provisions
The main operative sections of the legislation include sections 16-25, 16-50(1), and 16-55(1) of the Higher Education Support Act 2003, which provide for the approval of bodies as Higher Education Providers by the Minister. Section 16-25 authorises the Minister to approve Higher Education Providers, while section 16-50(1) mandates the Minister to decide an application for such approval and notify the applicant in writing of the decision. Section 16-55(1) stipulates that a notice of approval is a legislative instrument. This particular legislative instrument approves Central Institute of Technology as a Higher Education Provider, decides its application, and provides written notice of that approval.
The Higher Education Support Act 2003 imposes specific obligations on the parties it governs. The Minister for Education, or an APS employee delegated by the Minister, must ensure that any body applying to be approved as a Higher Education Provider meets the criteria set out in the Act. This involves a thorough assessment of the applicant's capabilities, financial stability, and compliance with relevant educational standards. Once an application is approved, the Minister is required to provide written notification to the applicant, detailing the outcome of their application and any conditions that may apply to their approval as a Higher Education Provider.
The Act also outlines potential consequences for non-compliance or breaches. While the specific legislative instrument does not detail offences or penalties, the Higher Education Support Act 2003 includes provisions for both civil and criminal penalties for breaches of its requirements. These can include fines, cancellation of approval, and other administrative actions that may be taken against a Higher Education Provider found to be in breach of the Act. The specific penalties and their maximum amounts would be detailed within the main body of the Act, not within this particular legislative instrument.
In summary, the key provisions of this legislation involve the approval of Central Institute of Technology as a Higher Education Provider, the obligations placed on the Minister and the Institute, and the potential consequences for non-compliance with the Act. The approval process ensures that only entities meeting specific criteria are able to offer FEE-HELP assistance to their students, thereby maintaining the integrity and effectiveness of the higher education support system in Australia.