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. 8 of 2009
Issued by the authority of the
Minister for Education
Subject: Higher Education Support Act 2003 (HESA)
Higher Education Provider approval and notice of approval under section 16-25 and subsection 16-50(1) of HESA
Authority
Section 16-25 of HESA provides for the approval of bodies as Higher Education Providers by the Minister, while subsection 16-50(1) of HESA provides that the Minister must decide an application for approval as a higher education provider (paragraph 16-50(1)(a)) and cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider (paragraph 16-50(1)(b)).
Subsection 16-55(1) of HESA stipulates that a notice of approval of a body as a higher education provider is a legislative instrument.
Under section 238-5 of HESA the Minister has delegated her powers under section 16-25 and subsection 16-50(1) of HESA to an APS employee in the Department.
Purpose
This instrument approves Stott’s Colleges Pty Ltd as a higher education provider under section 16-25 of HESA and as a consequence decides the application of Stott’s Colleges Pty Ltd for the purposes of subsection 16-50(1)(a) of HESA. The instrument also gives Stott’s Colleges Pty Ltd notice of that approval for the purposes of subsection 16-50(1)(b) of HESA.
Commencement
In accordance with paragraph 16-55(2) of the HESA this notice of approval is taken to have commenced on the first day after it 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 Stott’s Colleges 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.
Overview
The Higher Education Support Act 2003 (HESA) was enacted to ensure the quality and integrity of the higher education system in Australia. The Act establishes a framework for the approval of higher education providers, which is essential to maintain standards and ensure that institutions meet specific criteria before they can offer courses to students. The Act was enacted by the Australian Parliament, addressing the need for a regulatory mechanism to oversee the provision of higher education services. The Higher Education Provider Approval No. 8 of 2009, issued by the authority of the Minister for Education, serves to approve Stott’s Colleges Pty Ltd as a higher education provider under section 16-25 of HESA and to notify the applicant of this approval as required by subsection 16-50(1) of the Act. The policy objective here is to formalise the approval process, ensuring that institutions meet the required standards and providing assurance to students and other stakeholders about the quality of education being offered.
Scope and Application
The legislation F2009L04378, Higher Education Provider Approval No. 8 of 2009, pertains specifically to the approval and notification of Stott's Colleges Pty Ltd as a higher education provider under the Higher Education Support Act 2003 (HESA). This instrument authorises the Minister for Education to approve Stott's Colleges Pty Ltd as a higher education provider, thereby determining the application of the entity under section 16-25 and subsection 16-50(1) of HESA. Furthermore, the approval notice is issued in accordance with subsection 16-50(1)(b) of the HESA, making Stott’s Colleges Pty Ltd the sole entity affected by this legislative instrument. The approval process is governed by the Minister’s delegation of powers under section 238-5 of HESA to an Australian Public Service employee within the Department, ensuring compliance with HESA’s requirements. The notice of approval is a legislative instrument that, as per subsection 16-55(1) of HESA, commences on the day following its registration on the Federal Register of Legislative Instruments. Given that this approval provides a benefit exclusively to Stott’s Colleges Pty Ltd without any substantial impact on business or competition, consultation was deemed unnecessary.
Key Provisions
The main operative sections of this legislation are section 16-25 and subsection 16-50(1) of the Higher Education Support Act 2003 (HESA). Section 16-25 provides the legal framework for the approval of bodies as Higher Education Providers by the Minister for Education, whereas subsection 16-50(1) specifies the procedural requirements, including the decision on an application for approval and the notification of the applicant in writing regarding the approval status. The approval process is formalized under subsection 16-55(1), which states that a notice of approval is a legislative instrument.
In accordance with these provisions, the obligations and requirements imposed on the parties include the submission of an application for approval by Stott’s Colleges Pty Ltd. The Minister, or the delegated APS employee from the Department, must then decide the application and issue a written notice of approval if the application is successful. This notice must be formally recorded as a legislative instrument upon its registration on the Federal Register of Legislative Instruments, thereby officially recognising Stott’s Colleges Pty Ltd as a Higher Education Provider.
Failure to comply with the requirements set out in the Act could potentially lead to civil or criminal consequences, although no specific offences, penalties, or consequences are detailed in this explanatory statement. However, given the regulatory nature of the Act and the importance of compliance in educational standards, non-compliance could result in legal action against the entity, including the potential revocation of approval, fines, or other sanctions. The specific penalties would depend on the nature and severity of the breach and would be determined according to the relevant sections of the HESA.