Higher Education Support (Notice of Approval – CG Spectrum Institute Pty Ltd) Instrument 2023

Administered by Department of Education

Legislation au F2023L00127 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 – CG Spectrum Institute 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 – CG Spectrum Institute Pty Ltd) Instrument 2023 (the Instrument) is to approve CG Spectrum Institute Pty Ltd (CG Spectrum Institute) as a higher education provider for the purposes of the Act and notify CG Spectrum Institute 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 CG Spectrum Institute satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, CG Spectrum Institute 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 CG Spectrum Institute 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 CG Spectrum Institute 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 – CG Spectrum Institute Pty Ltd) Instrument 2023

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

As an approved higher education provider, CG Spectrum Institute 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, CG Spectrum Institute 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 CG Spectrum Institute 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 – CG SPECTRUM INSTITUTE 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 – CG Spectrum Institute 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, CG Spectrum Institute Pty Ltd is approved as a higher education provider.

 

Overview

The Higher Education Support (Notice of Approval – CG Spectrum Institute Pty Ltd) Instrument 2023 was enacted to facilitate the approval of CG Spectrum Institute Pty Ltd as a higher education provider under the Higher Education Support Act 2003. This instrument was introduced to ensure that CG Spectrum Institute meets the necessary criteria for approval and to notify the corporation of its approval. The enactment body responsible for this instrument is the delegate of the Minister for Education, who has been authorised to exercise the functions and powers of the Minister under the Higher Education Support Act 2003. The primary policy objective of this instrument is to support educational access and quality by enabling CG Spectrum Institute to receive certain grants and allowing its students to be eligible for financial assistance from the Commonwealth, thereby promoting the right to education. The Higher Education Support (Notice of Approval – CG Spectrum Institute Pty Ltd) Instrument 2023 addresses a specific gap in the legislative framework by providing a clear and formal approval process for CG Spectrum Institute to operate as a higher education provider. The approval process ensures that CG Spectrum Institute satisfies the statutory criteria outlined in the Higher Education Support Act 2003, including meeting the requirements for suitability and ability to provide higher education services. This instrument also guarantees that CG Spectrum Institute and its students can access certain financial supports, which is vital for enhancing educational opportunities and outcomes. Furthermore, the instrument's compatibility with human rights, particularly the right to education as stipulated in international covenants, underscores its role in promoting equitable access to higher education.

Scope and Application

The Higher Education Support (Notice of Approval – CG Spectrum Institute Pty Ltd) Instrument 2023 serves to approve CG Spectrum Institute Pty Ltd as a higher education provider under the Higher Education Support Act 2003. This approval is contingent upon the institute satisfying the criteria outlined in subsection 16-25(1) of the Act, which pertain to the institute's suitability and capability to operate as an approved higher education provider. The approval process involves a written application to the Minister for Education, followed by a notification to the applicant regarding the approval status. Once approved, CG Spectrum Institute Pty Ltd is eligible to receive certain grants under the Act, and its students become eligible for specific financial assistance from the Commonwealth. Notably, this approval is exempt from sunset provisions, as stringent statutory review processes are already in place to oversee the quality and accountability of higher education providers, with provisions for revocation under sections such as 22-15 if conditions are breached or quality standards are not maintained. The instrument operates within the Commonwealth jurisdiction and directly impacts CG Spectrum Institute Pty Ltd, with no broader public consultation deemed necessary due to the specific nature of the approval.

Key Provisions

The main operative sections of the Higher Education Support (Notice of Approval – CG Spectrum Institute Pty Ltd) Instrument 2023 (the Instrument) include the approval of CG Spectrum Institute Pty Ltd (CG Spectrum Institute) as a higher education provider under section 5. This approval is based on the provisions of section 16-25 and paragraph 16-50(1)(b) of the Higher Education Support Act 2003 (the Act). The Instrument specifies that CG Spectrum Institute meets all the criteria necessary for approval, thereby allowing it to be eligible for certain grants and for its students to be eligible for certain financial assistance from the Commonwealth. The Instrument also ensures that this approval is exempt from the sunsetting provisions outlined in item 33 of the Legislation (Exemptions and Other Matters) Regulation 2015. The obligations and requirements imposed by the Act on CG Spectrum Institute, as an approved higher education provider, include adherence to stringent statutory review processes and the potential for revocation of its approval under certain conditions. For instance, section 22-15 of the Act allows the Minister for Education to revoke approval if CG Spectrum Institute breaches any conditions of its approval or the quality and accountability requirements in Division 19 of the Act. Additionally, the Instrument emphasises that the approval is compatible with human rights, particularly the right to education as recognised in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Instrument also outlines potential consequences for breaches of its provisions. While the Instrument itself does not specify penalties for breaches, the Higher Education Support Act 2003 provides for a range of offences and penalties. For example, section 22-15 of the Act allows for the revocation of approval, which can be considered a significant penalty for non-compliance. Further, any failure to meet the quality and accountability requirements can lead to further regulatory actions and sanctions under the Act. The stringent review processes and the potential for revocation highlight the serious nature of non-compliance for higher education providers.

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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.