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.
Overview
The Higher Education Support Act 2003 was enacted by the Australian Parliament to provide a framework for the delivery of support for students in higher education, including the FEE-HELP scheme. This legislation addresses the gap in ensuring that higher education providers meet the necessary standards to offer FEE-HELP assistance, which is a government-backed loan system to help students cover the costs of their higher education. The Higher Education Support Act 2003 empowers the Minister for Education to approve or vary the approval of higher education providers, ensuring that only institutions that meet the required standards can participate in the FEE-HELP scheme. The policy objective of this Act is to support students in accessing higher education by providing financial assistance and to ensure that higher education providers maintain high standards of education and student support services.
Scope and Application
The F2013L01842 legislative instrument, issued under section 16-70 of the Higher Education Support Act 2003, applies specifically to the Australian Academy of Design Incorporated, now trading as Academy of Design Australia Limited. This legislative instrument concerns the variation of the approval status of the Academy of Design Australia Limited as a Higher Education Provider, facilitating its eligibility for FEE-HELP assistance. The Act, administered at the Commonwealth level, governs the approval of entities providing higher education services in Australia. The instrument ensures that the Academy of Design Australia Limited continues to be recognised as an approved Higher Education Provider under the Act, thus maintaining its ability to offer FEE-HELP assistance to its students. The instrument also stipulates that the variation and the accompanying notice are effective from the date they are registered on the Federal Register of Legislative Instruments. This legislative instrument does not extend its application beyond the named entity, and no consultation was deemed necessary due to the specificity and limited impact of the variation.
Key Provisions
The main operative sections of this legislation (F2013L01842) pertain to the variation of approval for a Higher Education Provider. Section 16-70 of the Higher Education Support Act 2003 (the Act) specifically allows for the Minister to vary the approval of bodies approved as Higher Education Providers. Under subsection 16-70(2), the Minister is required to notify the provider in writing of any variation, and subsection 16-70(3) states that such a Notice of Variation is a legislative instrument. The purpose of this particular legislative instrument is to approve the variation of the approval of Australian Academy of Design Incorporated, including the name change to Academy of Design Australia Limited (ACN: 163 956 152), and to notify the Academy of this variation as per subsection 16-70(2) of the Act.
This Act imposes specific obligations on the Minister and the Higher Education Provider. The Minister, or an APS employee delegated under section 238-5 of the Act, must ensure that the provider is notified in writing of any variations to their approval. The Higher Education Provider, in this case, the Academy of Design Australia Limited, must comply with the new terms of their approval as notified. The Minister must also ensure that the variation and the associated notice are registered on the Federal Register of Legislative Instruments to ensure the changes take effect as stipulated in subsection 16-70(3) of the Act and paragraph 12(1)(d) of the Legislative Instruments Act 2003.
Failure to comply with the provisions of the Act can result in legal consequences. The Act does not explicitly outline specific offences or penalties for breaches of the variation of approval process. However, the overarching legislative framework and administrative procedures under the Higher Education Support Act 2003 could potentially lead to legal actions or administrative penalties if the provisions are not adhered to. The exact penalties or consequences would depend on the specific nature of the breach and the applicable provisions of the Act and related legislation. The compatibility statement asserts that the notice is compatible with human rights, particularly the right to education, by ensuring uninterrupted access to FEE-HELP assistance for eligible students of the Academy of Design Australia Limited.