Higher Education Support (Notice of Approval – Chartered Accountants Australia and New Zealand) Instrument 2023

Administered by Department of Education

Legislation au F2023L00044 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 – Chartered Accountants Australia and New Zealand) 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 – Chartered Accountants Australia and New Zealand) Instrument 2023 (the Instrument) is to approve Chartered Accountants Australia and New Zealand (CAANZ) as a higher education provider for the purposes of the Act and notify CAANZ 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 CAANZ satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, CAANZ 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 CAANZ 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 CAANZ 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 – Chartered Accountants Australia and New Zealand) Instrument 2023

The Higher Education Support (Notice of Approval – Chartered Accountants Australia and New Zealand) 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 Chartered Accountants Australia and New Zealand (CAANZ) as a higher education provider for the purposes of the Higher Education Support Act 2003 (the Act) and notify CAANZ 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 CAANZ satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, CAANZ 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, CAANZ 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 CAANZ 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 – CHARTERED ACCOUNTANTS AUSTRALIA AND NEW ZEALAND) 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 – Chartered Accountants Australia and New Zealand) 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, Chartered Accountants Australia and New Zealand is approved as a higher education provider.

 

Overview

The Higher Education Support (Notice of Approval – Chartered Accountants Australia and New Zealand) Instrument 2023 was enacted to address the need for recognising Chartered Accountants Australia and New Zealand (CAANZ) as a higher education provider under the Higher Education Support Act 2003. This legislative instrument was introduced by the Minister for Education and authorises the approval of CAANZ as a higher education provider, thereby enabling it to receive certain grants and its students to access specific financial assistance from the Commonwealth. The enactment of this instrument is pursuant to the authority granted under section 16-25 of the Higher Education Support Act 2003, and it provides the necessary notification to CAANZ of its approval as a higher education provider. The policy objective of this legislation is to ensure that approved higher education providers, like CAANZ, meet stringent criteria for quality and accountability, and are subject to ongoing review processes to maintain these standards. The Instrument is designed to support the right to education by making higher education more accessible on the basis of capacity, in line with the International Covenant on Economic, Social and Cultural Rights. By approving CAANZ, the Instrument allows the organisation and its students to benefit from financial assistance, thereby promoting educational access and opportunity. This aligns with the overarching goal of the Higher Education Support Act 2003 to provide equitable access to higher education and support the educational aspirations of Australians.

Scope and Application

The Higher Education Support (Notice of Approval – Chartered Accountants Australia and New Zealand) Instrument 2023 applies to Chartered Accountants Australia and New Zealand (CAANZ) as a body corporate, approving it as a higher education provider under the Higher Education Support Act 2003. This approval grants CAANZ eligibility to receive certain grants and its students eligibility for specific financial assistance from the Commonwealth, thereby enhancing educational accessibility. The geographic reach of this approval is nationwide, as it applies across Australia. The approval is exempt from sunsetting and can be revoked under certain conditions as outlined in Division 22 of the Act, particularly if CAANZ breaches the approval conditions or the quality and accountability requirements. The approval process involves satisfying criteria related to the suitability and ability of the body corporate to be an approved higher education provider, as specified in subsection 16-25(1) of the Act. The functions and powers of the Minister under the Act have been delegated to certain persons within the Department of Education, subject to general direction from the Minister. Public consultation was deemed unnecessary as CAANZ is the sole entity affected by this notice. The instrument is compatible with human rights, particularly the right to education under Article 13 of the International Covenant on Economic, Social and Cultural Rights, by facilitating access to higher education through financial assistance.

Key Provisions

The main operative sections of the Higher Education Support (Notice of Approval – Chartered Accountants Australia and New Zealand) Instrument 2023 (the Instrument) include the approval of Chartered Accountants Australia and New Zealand (CAANZ) as a higher education provider under section 16-25 of the Higher Education Support Act 2003 (the Act) (section 5). This approval is communicated through a legislative instrument in accordance with paragraph 16-50(1)(b) of the Act (section 3). The Instrument specifies that CAANZ is recognised as a higher education provider for the purposes of the Act, thereby enabling CAANZ and its students to receive certain grants and financial assistance from the Commonwealth (section 5). The obligations and requirements imposed by the Instrument on CAANZ include compliance with the criteria outlined in subsection 16-25(1) of the Act, which relate to the suitability and ability of the body corporate to be an approved higher education provider. Additionally, CAANZ must adhere to any conditions that may be imposed on its approval and comply with the quality and accountability requirements specified in Division 19 of the Act. Failure to meet these criteria and requirements may result in the revocation of CAANZ’s approval as a higher education provider under section 22-15 of the Act. The Instrument also outlines the consequences for breaches of the Act’s provisions. If CAANZ breaches any conditions on its approval or fails to meet the quality and accountability requirements, the Minister for Education may revoke CAANZ’s approval under section 22-15 of the Act. Such revocations are subject to stringent statutory review processes, ensuring that the revocation is justified and in line with the Act’s provisions. While the Instrument itself does not specify monetary penalties, breaches of the Act or its conditions could lead to administrative or legal consequences, including the potential loss of eligibility for grants and financial assistance for both CAANZ and 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.