EXPLANATORY STATEMENT
Instrument of approval pursuant to section 16-50(1)
of the Higher Education Support Act 2003
Higher Education Provider Approval (No. 7 of 2005)
Issued by the authority of the Minister for Education, Science and Training
Subject: Higher Education Support Act 2003
Higher Education Provider Approval pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003
Subsection 16-50(1) of the Higher Education Support Act 2003 (‘the HESA’) provides that the Minister must decide an application for approval as a higher education provider, and must cause the applicant to be notified in writing regarding whether or not the applicant is approved as a higher education provider.
The instrument of approval is made pursuant to subsection 16-50(1) of the HESA. The instrument approves and gives notice of approval of the Perth Bible College as a Higher Education Provider.
In accordance with subsection 16-50(4) of the HESA, information that is specified in the Higher Education Provider Guidelines as information that must be provided to an applicant upon approval as a higher education provider is set out in Attachment 1 to the notice of approval. Attachment 1 forms part of the contents of the notice.
Consultation was not undertaken and was not considered necessary in this case because the instrument confers a benefit on Perth Bible College and the Perth Bible College is the only body affected by the instrument. This instrument will not have a direct or substantial indirect effect on business, nor will it restrict competition.
Commencement
In accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, the approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.
Overview
The Higher Education Support Act 2003 (HESA) was enacted to provide a framework for the regulation of higher education providers in Australia, addressing the need for a structured approach to approving and overseeing institutions that offer higher education. The Act aims to ensure that higher education providers meet certain standards and criteria to maintain the quality and integrity of the education sector. The Perth Bible College Higher Education Provider Approval (No. 7 of 2005) is an instrument made under section 16-50(1) of the HESA by the Minister for Education, Science and Training. The policy objective of this approval is to recognise Perth Bible College as a legitimate higher education provider, enabling it to offer accredited courses and participate in the Higher Education Support Scheme. This approval ensures that Perth Bible College complies with the necessary standards and is permitted to deliver higher education services to students.
Scope and Application
The Higher Education Provider Approval (No. 7 of 2005) instrument, issued under the authority of the Minister for Education, Science and Training, pertains to the approval of the Perth Bible College as a higher education provider in accordance with subsection 16-50(1) of the Higher Education Support Act 2003. This Act applies to the Perth Bible College as the sole entity affected by the approval, thereby conferring upon it the status of a higher education provider, and mandates the Minister to formally notify the college of this decision in writing. The approval process does not necessitate consultation as it solely benefits the Perth Bible College and does not impose restrictions on competition or have a significant impact on business operations. The approval takes effect on the day following the last day on which a House of Parliament could have passed a resolution disallowing the notice, as stipulated in section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003. The approval is accompanied by Attachment 1, which contains information specified in the Higher Education Provider Guidelines as mandatory for disclosure upon approval.
Key Provisions
The Higher Education Support Act 2003 (HESA) (subsection 16-50(1)) stipulates that the Minister must decide on applications for approval as a higher education provider and notify the applicant in writing of the approval status. In this case, the instrument of approval (F2005L02247) confirms the approval of the Perth Bible College as a Higher Education Provider. Upon approval, specific information, as outlined in Attachment 1 of the notice, must be provided to the applicant, in line with the Higher Education Provider Guidelines. Notably, the Minister did not undertake consultation for this approval, considering it unnecessary due to the limited impact and the sole relevance to Perth Bible College. The approval becomes effective the day after the last possible day for a House of Parliament to pass a disallowance resolution (section 16-55 of the HESA).
The obligations imposed by the HESA on the Perth Bible College, once approved, include adherence to the Higher Education Provider Guidelines, ensuring that all stipulated information is accurately provided and maintained. The college must comply with any further conditions or requirements imposed by the Minister or as stipulated within the Act. The Act also mandates that the college must not engage in any activities that would contravene the provisions of the HESA or any associated regulations.
Failure to comply with the obligations and requirements set out by the HESA may lead to significant consequences. The Act does not specify particular offences, but breaches of compliance may result in the Minister revoking the approval. Such revocation could lead to the cessation of the college's ability to operate as a higher education provider. While the specific penalties for non-compliance are not detailed in the Act, the potential for losing accreditation and the reputational damage could have severe implications for the college.