Higher Education Support (Notice of Approval – Australian Institute of Business Intelligence Pty Ltd) Instrument 2023

Administered by Department of Education

Legislation au F2023L00779 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 Institute of Business Intelligence 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 Institute of Business Intelligence Pty Ltd) Instrument 2023 (the Instrument) is to approve Australian Institute of Business Intelligence Pty Ltd (AIBI) as a higher education provider for the purposes of the Act and notify AIBI 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 AIBI satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, AIBI 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.

REGULATORY IMPACT

The Office of Best Practice Regulation (OBPR) 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 AIBI to assist the delegate of the Minister in deciding whether to approve the body as a higher education provider. Public consultation was not undertaken or considered necessary as AIBI 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 Institute of Business Intelligence Pty Ltd) Instrument 2023

The Higher Education Support (Notice of Approval – Australian Institute of Business Intelligence 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 Institute of Business Intelligence Pty Ltd (AIBI) as a higher education provider for the purposes of the Higher Education Support Act 2003 (the Act) and notify AIBI 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 AIBI satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, AIBI 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, AIBI 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 AIBI 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 INSTITUTE OF BUSINESS INTELLIGENCE 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 Institute of Business Intelligence 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 Institute of Business Intelligence Pty Ltd is approved as a higher education provider.

 

 

Overview

The Higher Education Support (Notice of Approval – Australian Institute of Business Intelligence Pty Ltd) Instrument 2023 was enacted to approve the Australian Institute of Business Intelligence Pty Ltd as a higher education provider under the Higher Education Support Act 2003. This legislative instrument addresses the need to formally recognise and accredit higher education providers that meet specific criteria for eligibility to receive grants and provide financial assistance to students. The instrument was issued by the authority of a delegate of the Minister for Education, as per the provisions set forth in the Higher Education Support Act 2003, which allows for the approval of body corporates as higher education providers if they meet the necessary requirements. The primary policy objective is to ensure that educational institutions approved as higher education providers are capable of delivering quality education and are accountable under the law, thereby supporting the right to education as recognised in international human rights instruments. In accordance with the Higher Education Support Act 2003, the Minister for Education delegated certain powers to employees in the Department of Education, enabling them to approve higher education providers like the Australian Institute of Business Intelligence Pty Ltd. The instrument ensures that once approved, the provider is exempt from sunsetting and can receive grants, while stringent statutory review processes remain in place to monitor and revoke approvals if necessary. This legislative measure ensures that the right to education is upheld by enabling eligible institutions to offer accessible and affordable higher education opportunities to students.

Scope and Application

The Higher Education Support (Notice of Approval – Australian Institute of Business Intelligence Pty Ltd) Instrument 2023 serves to approve the Australian Institute of Business Intelligence Pty Ltd (AIBI) as a higher education provider under the Higher Education Support Act 2003. This approval is contingent upon AIBI meeting the specified criteria outlined in subsection 16-25(1) of the Act, which pertain to the suitability and capability of the entity to function as a higher education provider. The Instrument also serves to notify AIBI of its approval. Once approved, AIBI becomes eligible to receive certain grants made under the Act, and its students become eligible for certain financial assistance from the Commonwealth. The approval granted under subsection 16-25(1) is exempt from sunsetting provisions, as stringent statutory review processes are already in place under the Act to monitor and potentially revoke such approvals. The geographic and jurisdictional reach of this Act applies specifically to the Commonwealth of Australia, with the approval process overseen by the Minister for Education or their delegate within the Department of Education. The approval of AIBI as a higher education provider does not extend to other entities unless they individually meet the criteria specified in the Act. The Instrument is effective from the day it is registered on the Federal Register of Legislation, and the Minister or their delegate undertook consultation with AIBI in making the decision. 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, by enabling students to access financial assistance based on capacity rather than financial means.

Key Provisions

The Higher Education Support (Notice of Approval – Australian Institute of Business Intelligence Pty Ltd) Instrument 2023 (the Instrument) is a legislative instrument that approves the Australian Institute of Business Intelligence Pty Ltd (AIBI) as a higher education provider under the Higher Education Support Act 2003 (the Act). This approval allows AIBI to be eligible for certain grants made under the Act, and its students to receive certain financial assistance from the Commonwealth. The approval process involves the Minister or a delegate assessing whether AIBI meets the criteria in subsection 16-25(1) of the Act, which includes suitability and ability to provide higher education services. Once approved, AIBI is notified in writing, and this approval is exempt from sunsetting as stringent statutory review processes are already in place for revoking such approvals if necessary. The obligations imposed on AIBI as an approved higher education provider include adhering to the quality and accountability requirements outlined in Division 19 of the Act, complying with any conditions attached to its approval, and maintaining the standards necessary to continue receiving government grants and ensuring its students' eligibility for financial assistance. These obligations are integral to ensuring that AIBI maintains high educational standards and provides value to its students and the broader community. Breaches of the obligations or conditions related to AIBI's approval can lead to serious consequences. For instance, if AIBI fails to meet the quality and accountability standards or breaches any conditions of its approval, the Minister for Education may revoke its approval under section 22-15 of the Act. Such revocation would not only disqualify AIBI from receiving grants but also affect its students' eligibility for financial assistance. Additionally, severe breaches might result in civil or criminal penalties, although specific penalties are not detailed in the Instrument but would be governed by the broader provisions of the Act and other relevant legislation. In summary, the Instrument not only formalises AIBI's status as an approved higher education provider but also imposes significant obligations to ensure the maintenance of educational standards and compliance with statutory requirements. Failure to meet these obligations can result in the revocation of approval and potential financial or legal repercussions. The compatibility of the Instrument with human rights, particularly the right to education under Article 13 of the International Covenant on Economic, Social and Cultural Rights, is also highlighted, ensuring that the approval supports broader educational access and equity objectives.

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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.