Higher Education Support (Notice of Approval – Australian Campus Management Pty Ltd) Instrument 2023

Administered by Department of Education

Legislation au F2023L01068 In force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of a delegate of the Minister for Education

Higher Education Support Act 2003

Higher Education Support (Notice of Approval – Australian Campus Management Pty Ltd) Instrument 2023

AUTHORITY

Subsection 16-25(1) of the Higher Education Support Act 2003 (the Act) provides that the Minister may approve a body corporate as a higher education provider if the body satisfies the requirements listed in that section. These requirements include making an application to the Minister under section 16-40 for approval as a higher education provider.

Paragraph 16-50(1)(a) of the Act provides the Minister must decide an application by a body corporate for approval as a higher education provider, and under paragraph 16-50(1)(b) of the Act, cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider.

Subsection 16-55(1) of the Act also provides that a notice of approval under paragraph 16-50(1)(b) of the Act is a legislative instrument.

In accordance with section 238-5 of the Act, the functions and powers of the Minister under subsections 16-25(1) and 16-50(1) have been delegated to certain persons, including SES employees in the Department of Education who hold a position that is classified as a Senior Executive Band 1 under the Public Service Classification Rules 2000. These delegations are subject to the general direction issued by the Minister under subsection 238-5(2) of the Act. The general direction provides that the employee must not exercise the delegated power unless they have responsibility for, or involvement with, the administration of a program for which it is necessary to exercise the delegation.

PURPOSE AND OPERATION

The purpose of the Higher Education Support (Notice of Approval – Australian Campus Management Pty Ltd) Instrument 2023 (the Instrument) is to approve Australian Campus Management Pty Ltd (ACM) as a higher education provider for the purposes of the Act and notify ACM of its approval. As indicated above, a body corporate must satisfy the criteria in subsection 16-25(1) relating to the body corporate’s suitability and ability to be an approved higher education provider before the Minister or delegate can approve it as a higher education provider. The delegate is satisfied that ACM satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, ACM is eligible to receive certain grants made under the Act and its students are eligible to receive certain financial assistance from the Commonwealth.   

An approval of a higher education provider given under subsection 16-25(1) is exempt from sunsetting under item 33 in the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. It is not appropriate to subject approvals given under subsection 16-25(1) to sunsetting as stringent statutory review processes under the Act currently apply to approvals of higher education providers, and approvals are able to be revoked for a number of reasons under the Act. Division 22 of the Act provides circumstances where a higher education provider’s approval will be revoked, for example, see section 22-15 which provides that the Minister for Education may revoke a higher education provider’s approval if that provider breaches any conditions on its approval or the quality and accountability requirements in Division 19 of the Act.

IMPACT ANALYSIS

The Office of Impact Analysis has advised that the Instrument is unlikely to have more than a minor regulatory impact and therefore a regulation impact statement is not required for this Instrument (OPBR reference 22-02827).

COMMENCEMENT

The Instrument commences on the day after it is registered on the Federal Register of Legislation.

CONSULTATION

The department undertook consultation with ACM to assist the delegate of the Minister in deciding whether to approve the body as a higher education provider. ACM was supportive of the proposal to approve it as a higher education provider. Public consultation was not undertaken or considered necessary as ACM is the only body affected by the notice. 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Higher Education Support (Notice of Approval – Australian Campus Management Pty Ltd) Instrument 2023

The Higher Education Support (Notice of Approval – Australian Campus Management Pty Ltd) Instrument 2023 (the 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 purpose of the Instrument is to approve Australian Campus Management Pty Ltd (ACM) as a higher education provider for the purposes of the Higher Education Support Act 2003 (the Act) and notify ACM of its approval.  A body corporate must satisfy the criteria in subsection 16-25(1) relating to the body corporate’s suitability and ability to be an approved higher education provider before the Minister or delegate can approve it as a higher education provider. The delegate is satisfied that ACM satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, ACM is eligible to receive certain grants made under the Act and its students are eligible to receive certain financial assistance from the Commonwealth. 

An approval of a higher education provider given under subsection 16-25(1) is exempt from sunsetting under item 33 in the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. It is not appropriate to subject approvals given under subsection 16-25(1) to sunsetting as stringent statutory review processes under the Act currently apply to approvals of higher education providers, and approvals are able to be revoked for a number of reasons under the Act. Division 22 of the Act provides circumstances where a higher education provider’s approval will be revoked, for example, see section 22-15 which provides that the Minister for Education may revoke a higher education provider’s approval if that provider breaches any conditions on its approval or the quality and accountability requirements in Division 19 of the Act.

Human rights implications

The Instrument engages the right to education in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Right to education

Article 13(2)(c) of the ICESCR provides that ‘higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education’.

As an approved higher education provider, ACM is eligible to receive certain grants made under the Act and its students are eligible to receive certain financial assistance from the Commonwealth. Grants to both ACM and its students promote the right to education by enabling students and prospective students to access financial assistance to assist them to undertake courses of study based on capacity, rather than on financial means.

Conclusion

The Instrument is compatible with human rights because it supports the right to education.  

 

Delegate of the Minister for Education, Damian Coburn


HIGHER EDUCATION SUPPORT (NOTICE OF APPROVAL – AUSTRALIAN CAMPUS MANAGEMENT PTY LTD) INSTRUMENT 2023

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This section specifies the name of the instrument as the Higher Education Support (Notice of Approval – Australian Campus Management Pty Ltd) Instrument 2023 (the Instrument).

 

Section 2: Commencement

2.  This section provides that the Instrument commences on the day after it is registered on the Federal Register of Legislation.

Section 3: Authority

3.  This section provides that the Instrument is made under section 16-25 and paragraph 16-50(1)(b) of the Higher Education Support Act 2003 (the Act).

Section 4: Definitions

4.  This section provides the definition of ‘Act’, which is the Higher Education Support Act 2003, because this term is used in the Instrument.

Section 5: Approval of higher education provider

5.  This section provides that, for the purposes of section 16-25 and paragraph 16‑50(1)(b) of the Act, Australian Campus Management Pty Ltd is approved as a higher education provider.

 

Overview

The Higher Education Support (Notice of Approval – Australian Campus Management Pty Ltd) Instrument 2023 was enacted to approve Australian Campus Management Pty Ltd (ACM) as a higher education provider under the Higher Education Support Act 2003. This legislative instrument was issued by a delegate of the Minister for Education, in accordance with the functions and powers delegated under the Act. The primary purpose of the Instrument is to formally approve ACM as a higher education provider, thereby allowing it to receive certain grants and enabling its students to be eligible for specific financial assistance from the Commonwealth. This approval is contingent upon ACM satisfying the criteria set out in subsection 16-25(1) of the Act, which relates to the suitability and capability of the entity to operate as an approved higher education provider. The Instrument also addresses the exemption of such approvals from the sunsetting provisions under the Legislation (Exemptions and Other Matters) Regulation 2015, considering the stringent statutory review processes already in place within the Act for monitoring and revoking approvals if necessary. By approving ACM, the Instrument supports the right to education as outlined in Article 13 of the International Covenant on Economic, Social and Cultural Rights, facilitating access to higher education based on capacity rather than financial means.

Scope and Application

The Higher Education Support (Notice of Approval – Australian Campus Management Pty Ltd) Instrument 2023 serves to approve Australian Campus Management Pty Ltd (ACM) as a higher education provider under the Higher Education Support Act 2003, thereby enabling ACM to receive certain grants and allowing its students to be eligible for certain financial assistance from the Commonwealth. This approval is contingent on ACM meeting all criteria stipulated under subsection 16-25(1) of the Act, which pertain to its suitability and capability to operate as a higher education provider. The approval process involves an application by the body corporate to the Minister, with the decision-making authority delegated to certain officials within the Department of Education, subject to general direction issued by the Minister. Notably, the approval granted under subsection 16-25(1) is exempt from sunsetting, as stringent statutory review processes and grounds for revocation already exist within the Act. Furthermore, the Instrument ensures compliance with human rights by supporting the right to education as articulated in the International Covenant on Economic, Social and Cultural Rights. The Instrument commences on the day after its registration on the Federal Register of Legislation, and while consultation was undertaken with ACM, public consultation was deemed unnecessary given that ACM is the sole entity affected by the notice.

Key Provisions

The main operative sections of the Higher Education Support (Notice of Approval – Australian Campus Management Pty Ltd) Instrument 2023 (the Instrument) focus on the approval of Australian Campus Management Pty Ltd (ACM) as a higher education provider under the Higher Education Support Act 2003 (the Act) and the notification of this approval to ACM (section 5). The Instrument is made under section 16-25 and paragraph 16-50(1)(b) of the Act (section 3) and comes into effect on the day after it is registered on the Federal Register of Legislation (section 2). The term "Act" is defined as the Higher Education Support Act 2003 to ensure clarity in the use of terminology within the Instrument (section 4). The obligations and requirements imposed by the Instrument on ACM, once approved, include adhering to stringent statutory review processes and the quality and accountability requirements outlined in Division 19 of the Act. As an approved higher education provider, ACM is eligible to receive certain grants under the Act and its students are eligible to receive certain financial assistance from the Commonwealth. The approval is exempt from sunsetting under item 33 in the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015, given the existing stringent review processes and the possibility of revocation under Division 22 of the Act, such as in cases of breaches of approval conditions or quality and accountability requirements (section 5). The Instrument does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. However, it implicitly acknowledges that an approved higher education provider's approval can be revoked under various circumstances, such as breaching conditions on its approval or failing to meet quality and accountability requirements. The maximum penalties for such breaches would be determined by the specific provisions within the Higher Education Support Act 2003, which are not detailed in the Instrument.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.