Higher Education Provider Approval No. 9 of 2012

Overview

The Higher Education Support Act 2003 (HESA) was enacted to address the need for a structured framework to support the provision of higher education in Australia, ensuring that higher education providers meet certain standards and that eligible students have access to financial assistance through programs like FEE-HELP. The Act is overseen by the Parliament of Australia and its primary policy objective is to facilitate the provision of higher education by approving eligible bodies as Higher Education Providers. The Higher Education Provider Approval No. 9 of 2012 is a legislative instrument issued under the authority of the Minister for Tertiary Education, Skills, Science and Research, which approves Kaplan Higher Education Pty Limited as a Higher Education Provider. This approval enables Kaplan to offer FEE-HELP Assistance to its eligible students, thereby promoting access to higher education. The approval process ensures that the provider meets the statutory requirements set out in the Act, thereby aligning with the policy objective of supporting eligible students in their pursuit of higher education.

Scope and Application

The Higher Education Provider Approval No. 9 of 2012 is a legislative instrument issued under the authority of the Minister for Tertiary Education, Skills, Science and Research, in accordance with sections 16-25, 16-50(1), and 16-55(1) of the Higher Education Support Act 2003 (HESA). This instrument specifically approves Kaplan Higher Education Pty Limited as a Higher Education Provider, thereby enabling the company to offer FEE-HELP Assistance to its eligible students. The approval and notice of approval under this instrument take effect on the day after the notice is registered on the Federal Register of Legislative Instruments. This approval is a legislative instrument, as stipulated by subsection 16-55(1) of HESA. The Minister has delegated the power to approve Higher Education Providers to an Australian Public Service employee in the Department, in accordance with section 238-5 of HESA. The approval and notice of approval apply solely to Kaplan Higher Education Pty Limited, and consultation was deemed unnecessary as the notice confers a benefit on this specific body and does not have a substantial effect on business or restrict competition. This instrument is compatible with human rights, particularly the right to education as outlined in Article 13 of the International Covenant on Economic, Social, and Cultural Rights, as it promotes access to FEE-HELP Assistance for eligible students of Kaplan Higher Education Pty Limited.

Key Provisions

The main sections of this legislation, F2012L02006, pertain to the approval and notice of approval for Kaplan Higher Education Pty Limited as a Higher Education Provider under the Higher Education Support Act 2003 (HESA). Specifically, section 16-25 of HESA allows the Minister to approve bodies as Higher Education Providers, and subsection 16-50(1) requires the Minister to decide on an application for approval and notify the applicant in writing of the decision. Furthermore, subsection 16-55(1) states that a notice of approval is a legislative instrument. The authority to approve Kaplan Higher Education Pty Limited as a Higher Education Provider is delegated under section 238-5 of HESA. The obligations imposed by this Act on the parties or entities it governs are primarily concerned with the approval process and the notification of that approval. The Minister must be satisfied that Kaplan Higher Education Pty Limited meets the requirements stipulated in HESA to be approved as a Higher Education Provider. Once approval is granted, the Minister is obligated to notify Kaplan Higher Education Pty Limited in writing. This process ensures that only entities meeting the statutory criteria are recognised as Higher Education Providers and can offer FEE-HELP Assistance to eligible students. In terms of offences, penalties, or consequences for breaches, the legislation does not explicitly outline specific offences or penalties within the text provided. However, any failure to comply with the requirements for approval or the subsequent notification process could potentially lead to legal challenges or administrative actions. The approval process itself is designed to ensure compliance with the standards set forth in HESA, and any deviation from these standards could result in the revocation of the Higher Education Provider status. While the specific penalties are not detailed, the overarching legal framework of HESA would apply, and non-compliance could lead to significant repercussions for the entity involved. The legislative instrument is also subject to compatibility with human rights, specifically the right to education as outlined in Article 13 of the International Covenant on Economic, Social, and Cultural Rights. The approval of Kaplan Higher Education Pty Limited as a Higher Education Provider is intended to promote access to education by enabling eligible students to receive FEE-HELP Assistance. This aligns with the objective of advancing the protection of human rights by making higher education more accessible to a broader segment of the population.