Higher Education Support (Notice of Approval – Institute of Health & Management Pty Ltd) Instrument 2024

Administered by Department of Education

Legislation au F2024L00462 In force Legislative Instrument

Legislation content

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 – Institute of Health & Management Pty Ltd) Instrument 2024

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 Senior Executive Service 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 – Institute of Health & Management Pty Ltd) Instrument 2024 (the Instrument) is to approve Institute of Health & Management Pty Ltd (IHM) as a higher education provider for the purposes of the Act and notify IHM of its approval. As indicated above, a body corporate must satisfy the criteria in subsection 16-25(1) of the Act relating to the body corporate’s suitability and ability to be an approved higher education provider before the Minister for Education or delegate can approve it as a higher education provider. The delegate is satisfied that IHM satisfies all applicable criteria in subsection 16-25(1) of the Act.

As an approved higher education provider, IHM 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 an Impact Analysis is not required for this Instrument (OIA reference 06233).  

COMMENCEMENT

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

CONSULTATION

The department undertook consultation with IHM to assist the delegate of the Minister in deciding whether to approve the body as a higher education provider. This consultation informed the delegate’s ultimate decision to approve IHM as a higher education provider. Public consultation was not undertaken or considered necessary as IHM 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 – Institute of Health & Management Pty Ltd) Instrument 2024

The Higher Education Support (Notice of Approval – Institute of Health & Management Pty Ltd) Instrument 2024 (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 Institute of Health & Management Pty Ltd (IHM) as a higher education provider for the purposes of the Higher Education Support Act 2003 (the Act) and notify IHM of its approval. A body corporate must satisfy the criteria in subsection 16-25(1) of the Act relating to the body corporate’s suitability and ability to be an approved higher education provider before the Minister for Education or delegate can approve it as a higher education provider. The delegate is satisfied that IHM satisfies all applicable criteria in subsection 16-25(1) of the Act.

As an approved higher education provider, IHM 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, IHM 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 IHM 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, Peta Brill


HIGHER EDUCATION SUPPORT (NOTICE OF APPROVAL – INSTITUTE OF HEALTH & MANAGEMENT PTY LTD) INSTRUMENT 2024

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This section specifies the name of the instrument as the Higher Education Support (Notice of Approval – Institute of Health & Management Pty Ltd) Instrument 2024 (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, Institute of Health & Management Pty Ltd is approved as a higher education provider.

 

Overview

The Higher Education Support (Notice of Approval – Institute of Health & Management Pty Ltd) Instrument 2024 is an instrument made under the authority of a delegate of the Minister for Education pursuant to the Higher Education Support Act 2003. The primary purpose of this Instrument is to formally approve the Institute of Health & Management Pty Ltd (IHM) as a higher education provider under the Act, thereby allowing IHM to access certain grants and its students to receive financial assistance from the Commonwealth. The Instrument also serves to notify IHM of its approval, as required by the Act. The approval process ensures that IHM meets all stipulated criteria for higher education providers, which includes the ability to receive funding and provide educational services under the oversight of the Minister for Education or their delegate. The Instrument operates within the legislative framework provided by the Higher Education Support Act 2003, which outlines the criteria that must be met for a body corporate to be approved as a higher education provider. The approval given under this Instrument is exempt from sunsetting provisions, as stringent statutory review processes are already in place to monitor the compliance and quality of approved higher education providers. This ensures that approvals can be revoked if any conditions or quality and accountability requirements are breached, thus maintaining the integrity and standards of higher education provision in Australia.

Scope and Application

The Higher Education Support (Notice of Approval – Institute of Health & Management Pty Ltd) Instrument 2024 pertains to the approval of Institute of Health & Management Pty Ltd (IHM) as a higher education provider under the Higher Education Support Act 2003 (the Act). The Instrument is applicable to IHM, a body corporate, and is intended to recognise its suitability and ability to provide higher education services, thereby enabling it to receive certain grants and for its students to be eligible for financial assistance from the Commonwealth. The approval is issued by a delegate of the Minister for Education, who has been granted the authority to make such decisions under subsection 16-25(1) of the Act, subject to the Minister's direction. The approval is exempt from sunsetting, as it is subject to stringent statutory review processes and can be revoked under the Act if certain conditions are breached. The Instrument is compatible with human rights, particularly the right to education outlined in the International Covenant on Economic, Social and Cultural Rights, as it facilitates access to higher education through financial assistance. The Instrument's operation is limited to the Commonwealth jurisdiction and does not extend beyond the approval of IHM as a higher education provider.

Key Provisions

The Higher Education Support (Notice of Approval – Institute of Health & Management Pty Ltd) Instrument 2024 (the Instrument) primarily serves to approve Institute of Health & Management Pty Ltd (IHM) as a higher education provider under the Higher Education Support Act 2003 (the Act). Section 4 of the Instrument specifies that IHM is approved as a higher education provider for the purposes of section 16-25 and paragraph 16-50(1)(b) of the Act. This approval enables IHM to receive certain grants under the Act and allows its students to be eligible for specific financial assistance from the Commonwealth. The approval is communicated to IHM in writing, as required by the Act. Additionally, the Instrument includes provisions for the commencement of its effect, which takes place on the day after it is registered on the Federal Register of Legislation (section 2). The authority for making this Instrument is derived from section 16-25 and paragraph 16-50(1)(b) of the Act (section 3), and it includes definitions necessary for interpreting the terms used within the Instrument (section 4). The Instrument imposes certain obligations on IHM as an approved higher education provider. It must adhere to the criteria established by the Act for maintaining its approval status. This includes complying with the quality and accountability requirements outlined in Division 19 of the Act, as well as any conditions specified in its approval notice. Failure to meet these obligations can result in the Minister for Education or a delegate revoking IHM's approval under section 22-15 of the Act. Such revocation may occur if IHM breaches any conditions on its approval or fails to meet the quality and accountability requirements. Additionally, IHM must ensure that its students are eligible for financial assistance as stipulated by the Act. The Act includes provisions for penalties and consequences for breaches of its requirements. Section 22-15 of the Act allows the Minister for Education to revoke an approval if there is a breach of any conditions on the approval or if the quality and accountability requirements are not met. Such revocations can have significant implications for IHM, including loss of eligibility for grants and financial assistance for its students. While specific penalties are not detailed in the Instrument, the revocation of approval and associated loss of benefits can be considered substantial consequences for non-compliance. The Act’s stringent statutory review processes also provide a framework for addressing any failures to comply with the Act’s provisions. The Instrument is designed to be compatible with human rights, particularly engaging the right to education as articulated in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). By approving IHM as a higher education provider, the Instrument facilitates access to education for students based on capacity rather than financial means, thus promoting the right to education. This compatibility is underscored by the Office of Impact Analysis, which found that the Instrument is unlikely to have more than a minor regulatory impact. Consequently, the approval of IHM as a higher education provider supports the broader objective of making higher education accessible to all on the basis of capacity.

Legal classification tags

Area of Law
Education Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Approval Process
Human Rights Compatibility

Interactions

Authorises

All Versions

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.