Higher Education Support (Notice of Approval – Australian Institute of Higher Education Pty Ltd) Instrument 2026

Administered by Department of Education

Legislation au F2026L00470 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 Higher Education Pty Ltd) Instrument 2026

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 Higher Education Pty Ltd) Instrument 2026 (the Instrument) is to approve Australian Institute of Higher Education Pty Ltd (AIHE) as a higher education provider for the purposes of the Act and notify AIHE 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 AIHE satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, AIHE 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.

COMMENCEMENT

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

CONSULTATION

The department undertook consultation with AIHE to assist the delegate of the Minister when deciding whether to approve the body as a higher education provider. This consultation informed the delegate’s ultimate decision to approve AIHE. Broader consultation was not undertaken or considered necessary as AIHE 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 Higher Education Pty Ltd) Instrument 2026

The Higher Education Support (Notice of Approval – Australian Institute of Higher Education Pty Ltd) Instrument 2026 (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 Higher Education Pty Ltd (AIHE) as a higher education provider for the purposes of the Higher Education Support Act 2003 (the Act) and notify AIHE 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 AIHE satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, AIHE 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, AIHE is eligible to receive certain grants made under the Act and its students are eligible to receive certain financial assistance from the Commonwealth. Financial support for both AIHE 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, Annette Cannell

 

 


HIGHER EDUCATION SUPPORT (NOTICE OF APPROVAL – AUSTRALIAN INSTITUTE OF HIGHER EDUCATION PTY LTD) INSTRUMENT 2026

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 Higher Education Pty Ltd) Instrument 2026 (the Instrument).

Section 2: Commencement

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

Section 3: Authority

  1.   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

  1.   This section provides the definition of ‘Act’, which is the Higher Education Support Act 2003, because this term is used in the Instrument.
  2.   This section also includes a note to explain that term ‘higher education provider’ used in the Instrument is defined in Schedule 1 of the Act, consistent with section 13 of the Legislation Act 2003. Section 13 of the Legislation Act 2003 provides that unless the contrary intention appears, expressions used in instruments have the same meaning as in the enabling legislation.

Section 5: Approval of higher education provider

  1.   This section provides that, for the purposes of section 16-25 and paragraph 16‑50(1)(b) of the Act, Australian Institute of Higher Education Pty Ltd (ACN 117 349 256; ABN 70 117 349 256) is approved as a higher education provider.

 

 

Overview

The Higher Education Support (Notice of Approval – Australian Institute of Higher Education Pty Ltd) Instrument 2026, enacted under the authority of the Higher Education Support Act 2003, aims to approve the Australian Institute of Higher Education Pty Ltd as a higher education provider and notify the entity of its approval. The Act, which was established by the Parliament of Australia, seeks to regulate and support the higher education sector by ensuring that institutions meet certain standards and criteria before being recognised as eligible for government support and financial assistance. The Instrument was created to facilitate this process, allowing the Minister for Education or a delegate to approve AIHE as a higher education provider, thereby enabling the institution to access grants and its students to receive financial assistance from the Commonwealth. The Minister's functions and powers under the Act, including the approval of higher education providers, have been delegated to certain individuals within the Department of Education, subject to the Minister's general direction. The approval granted by the Instrument is exempt from sunsetting provisions, as robust statutory review processes and grounds for revocation are already in place within the Act. This legislative instrument thus serves to formalise the recognition of AIHE as a qualified higher education provider, ensuring alignment with the legislative framework and policy objectives outlined in the Higher Education Support Act 2003.

Scope and Application

The Higher Education Support (Notice of Approval – Australian Institute of Higher Education Pty Ltd) Instrument 2026 serves to formally approve the Australian Institute of Higher Education Pty Ltd as a higher education provider under the Higher Education Support Act 2003. This legislative instrument applies specifically to the Australian Institute of Higher Education Pty Ltd, a body corporate that has met the criteria set forth in subsection 16-25(1) of the Act. The approval enables the institution to receive certain grants provided under the Act and ensures that its students are eligible for specific financial assistance from the Commonwealth. The approval is granted in accordance with the statutory provisions and ensures that the institution adheres to the stringent quality and accountability requirements outlined in the Act. The approval process involves the Minister for Education, or a delegate, making a determination based on the institution’s compliance with the legislative criteria, and it is communicated to the institution through a legislative instrument. Notably, the approval granted under this Instrument is exempt from sunsetting provisions, as outlined in item 33 of the Legislation (Exemptions and Other Matters) Regulation 2015, due to the existing statutory review processes and the potential for revocation if conditions or quality requirements are breached.

Key Provisions

The Higher Education Support (Notice of Approval – Australian Institute of Higher Education Pty Ltd) Instrument 2026, which operates under the Higher Education Support Act 2003 (the Act), approves the Australian Institute of Higher Education Pty Ltd (AIHE) as a higher education provider. This approval is given pursuant to section 16-25 of the Act and section 16-50(1)(b), and it is effective from the day after the instrument is registered on the Federal Register of Legislation. The approval signifies that AIHE meets the necessary criteria to provide higher education services and is eligible for certain grants under the Act. Additionally, students of AIHE are eligible for financial assistance from the Commonwealth. Entities such as AIHE, once approved, must adhere to specific obligations and requirements to maintain their status as higher education providers. These include fulfilling the quality and accountability standards set out in Division 19 of the Act. The approval process also mandates that the Minister or their delegate consult with the entity to ensure it meets all necessary criteria. Furthermore, approved providers must comply with any conditions attached to their approval, which may include specific operational, educational, or financial requirements. The Act imposes significant consequences for non-compliance with the approval criteria or the attached conditions. Violations may lead to the revocation of the provider’s approval, as outlined in Division 22 of the Act. For instance, under section 22-15, the Minister for Education can revoke approval if the provider breaches any conditions or fails to meet quality and accountability requirements. The Act does not specify monetary penalties but emphasizes the seriousness of such breaches through the potential for revocation of approval. This revocation not only affects the provider's eligibility for grants but also impacts the financial assistance available to its students.

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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.