Higher Education Provider Approval (No. 9 of 2007)

Overview

The Higher Education Provider Approval (No. 9 of 2007), enacted in 2007, serves to formalise the approval of the Academy of Design Australia Limited as a higher education provider under the Higher Education Support Act 2003. This legislative instrument is part of the framework designed to regulate and maintain quality standards within the higher education sector in Australia. The approval process is overseen by the Minister for Education, Science and Training, who delegates this responsibility to an authorised official. The policy objective underlying this legislation is to ensure that only institutions meeting certain criteria are recognised as providers of higher education, thereby protecting the interests of students and the integrity of the educational system. The enactment of this legislative instrument by the Commonwealth of Australia is intended to address the need for a clear and formalised process of approving higher education providers. This is crucial for maintaining educational standards and ensuring that institutions are accountable for the quality of education they provide. By incorporating amendments and variations as necessary, the legislation remains adaptable to changing educational landscapes and emerging needs within the sector.

Scope and Application

The Higher Education Provider Approval (No. 9 of 2007) is a legislative instrument under the Higher Education Support Act 2003, which serves to approve a specific entity, in this case, Academy of Design Australia Limited (ACN: 163 956 152), as a higher education provider. This approval, granted by Colin Walters as a delegate of the Minister for Education, Science and Training, ensures that the entity meets the requisite standards and criteria to provide higher education services in Australia. The approval process is integral to the regulation of higher education providers within the Commonwealth and is designed to maintain quality and standards across the sector. The approval applies to the entity itself and is subject to the provisions and requirements set out in the Higher Education Support Act 2003. The geographic reach of this approval is national, as it pertains to a Commonwealth legislative instrument. The approval includes a notice of approval which takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice. This legislative instrument may be subject to further amendments and variations, as evidenced by the Higher Education Provider Approval Variation of No. 9 of 2007, which was registered and came into effect on 29 October 2013. The approval is subject to the broader regulatory framework established under the HESA, and while specific exclusions or exemptions are not detailed in this legislative instrument, they would typically be found within the HESA itself or in any related subordinate legislation or guidelines.

Key Provisions

The main operative sections of the Higher Education Provider Approval (No. 9 of 2007) involve the approval of a body corporate as a higher education provider under subsection 16-50(1) of the Higher Education Support Act 2003 (HESA) and the issuance of a notice of this approval to the approved entity. Specifically, Colin Walters, as a delegate of the Minister for Education, Science and Training, approves the Academy of Design Australia Limited (ACN: 163 956 152) as a higher education provider and mandates the provision of a formal notice of this approval to the entity (subsection (a) and (b)). This legislative instrument is structured to take effect on the day after 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 Higher Education Provider Approval (No. 9 of 2007) imposes certain obligations on the approved higher education provider. Once approved, the Academy of Design Australia Limited must comply with all relevant provisions of the HESA and any other applicable legislation. This includes adhering to educational standards, maintaining records, and reporting as required by the Department of Education. The approval itself is contingent on the entity meeting the criteria and conditions set forth in the HESA, which could include specific educational offerings, infrastructure, and governance standards. Breaches of the conditions set by the HESA or other applicable laws can lead to various penalties and consequences. The HESA itself, while not explicitly detailing penalties in this specific legislative instrument, generally provides for civil and criminal penalties for non-compliance with its provisions. Civil penalties might include fines and other monetary penalties, while criminal penalties could involve imprisonment or fines, depending on the severity and nature of the breach. The exact penalties would be determined in accordance with the relevant sections of the HESA and other applicable laws. It is important for the Academy of Design Australia Limited to remain compliant to avoid such legal repercussions.