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. 7 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 Torrens University Australia Limited (ACN: 154 937 005 ABN: 99 154 937 005) as a Higher Education Provider under section 16‑25 of the Act;
- decides the application of Torrens University Australia Limited for the purposes of paragraph 16‑50(1)(a) of the Act; and
- gives Torrens University Australia Limited 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 Torrens University Australia Limited 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 Torrens University Australia Limited 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 Torrens University Australia Limited 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 Torrens University Australia Limited 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 Torrens University Australia Limited as a Higher Education provider under the Act and thereby enable eligible students of Torrens University Australia Limited 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 Torrens University Australia Limited 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, enacted by the Commonwealth Parliament, aims to provide financial assistance to students undertaking higher education courses in Australia. This Act, and its related legislative instruments, facilitates the approval of higher education providers to ensure they meet certain standards and criteria, thus enabling them to offer courses that qualify for government-supported financial assistance programs, such as FEE-HELP. The Explanatory Statement F2013L02041, issued under the authority of the Minister for Education, clarifies that the Minister has approved Torrens University Australia Limited as a Higher Education Provider under section 16-25 of the Act. This approval allows the university to offer FEE-HELP assistance to its eligible students, thereby extending educational opportunities. The decision to approve Torrens University Australia Limited was made without consultation as the notice solely benefits this entity and does not significantly affect other businesses or competition. Moreover, the approval process aligns with human rights principles, particularly the right to education as stipulated in international human rights instruments.
Scope and Application
The F2013L02041 legislative instrument, issued under section 16-25 of the Higher Education Support Act 2003, pertains specifically to the approval of Torrens University Australia Limited as a Higher Education Provider, thereby enabling the institution to offer FEE-HELP assistance to its eligible students. This legislative instrument applies solely to Torrens University Australia Limited, as identified by its Australian Company Number (ACN) and Australian Business Number (ABN). The approval and notification processes outlined in the Act are executed by the Minister for Education, who has delegated the relevant powers to an Australian Public Service employee. The approval signifies that the Minister is satisfied that the university meets the statutory requirements under section 16-25 of the Act. The geographic and jurisdictional reach of this legislation is Commonwealth, applying across Australia. There are no exclusions, exemptions, or thresholds specified in this particular legislative instrument, but the Act itself may provide for such details. The application and effect of the Act can be extended or restricted through subordinate instruments, although this specific legislative instrument does not detail such provisions. The instrument's compatibility with human rights is affirmed, particularly in relation to the right to education, as it allows Torrens University Australia Limited to provide FEE-HELP assistance, thereby facilitating access to higher education for eligible students.
Key Provisions
The key operative sections of this legislation are sections 16-25, 16-50(1)(a), 16-50(1)(b), and 16-55(1) of the Higher Education Support Act 2003 (the Act). Section 16-25 provides for the approval of bodies as Higher Education Providers by the Minister for Education. Section 16-50(1)(a) requires the Minister to decide an application for approval as a Higher Education Provider, while subsection 16-50(1)(b) mandates that the applicant be notified in writing of the decision. Subsection 16-55(1) specifies that a notice of approval is a legislative instrument. This legislation aims to approve Torrens University Australia Limited as a Higher Education Provider under the Act, decide its application, and notify it of the approval.
The Act imposes several obligations on the Minister for Education and the entities it governs. The Minister must ensure that any approved Higher Education Provider meets the requirements set out in section 16-25 of the Act. This includes maintaining the quality of education provided, ensuring financial stability, and adhering to the provisions of the Act and any associated conditions. Torrens University Australia Limited, once approved, must comply with the conditions of its approval and maintain the standards required to retain its status as a Higher Education Provider. Failure to meet these obligations could result in the revocation of approval and the inability to offer FEE-HELP assistance to its students.
Breach of the provisions of the Act can lead to various penalties and consequences. While the specific penalties are not detailed in this legislation, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines and other monetary penalties, while criminal penalties could involve imprisonment, depending on the nature and severity of the breach. The Act also allows for the revocation of approval for Higher Education Providers who fail to meet the required standards, which can have significant consequences for the institution and its students, particularly in terms of access to FEE-HELP assistance.
This legislation ensures that Higher Education Providers are held to high standards to protect the interests of students and maintain the integrity of the education system. By approving Torrens University Australia Limited and setting out the obligations and potential penalties for non-compliance, the Act provides a framework for ensuring that eligible students have access to quality education and FEE-HELP assistance. The approval process is designed to safeguard the educational standards and financial stability of Higher Education Providers, thereby promoting the right to education for eligible students.