EXPLANATORY STATEMENT
Notice of Variation of Approval under section 16-70 of the Higher Education Support Act 2003
Higher Education Provider Approval No. 9 of 2007
Issued by the authority of the Minister for Education
Authority
Section 16‑70 of the Higher Education Support Act 2003 (the Act) provides for the variation of the approval of bodies approved as Higher Education Providers by the Minister. Subsection 16-70(2) of the Act provides that the Minister must cause the provider to be notified in writing of the variation.
Under section 238-5 of the Act the Minister has delegated his powers under section 16‑70 of the Act to an APS employee responsible for administering the Act.
Subsection 16-70(3) of the Act stipulates that a Notice of Variation under subsection 16‑70(2) of the Act is a legislative instrument.
Purpose
This instrument:
- approves the variation of the approval of Australian Academy of Design Incorporated as a Higher Education Provider under section 16-25 of the Act to include the name Academy of Design Australia Limited
(ACN: 163 956 152) under section 16‑70 of the Act; - gives the Academy of Design Australia Limited notice of variation of approval for the purposes of
sub-section 16‑70(2) of the Act.
Commencement
In accordance with sub-section 16‑70(3) of the Act and paragraph 12(1)(d) of the Legislative Instruments Act 2003, the notice and the variation of approval of Australian Academy of Design Incorporated as a Higher Education Provider takes 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 as 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
Variation 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 16‑70(1) of the Higher Education Support Act 2003 (the Act). The purpose of the Instrument is to vary the approval of Australian Academy of Design Incorporated as a Higher Education Provider for the purposes of FEE‑HELP assistance under 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 Australian Academy of Design Incorporated by continuing its approval uninterrupted 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 vary the approval of Australian Academy of Design Incorporated, to include the new name Academy of Design Australia Limited, as a Higher Education Provider under the Act and thereby enable eligible students of Academy of Design 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 continues uninterrupted the approval of the Academy of Design Australia Limited as a Higher Education Provider, thereby continuing availability to 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.