Higher Education Support (Notice of Approval – UNSW Global Pty Limited) Instrument 2025

Administered by Department of Education

Legislation au F2025L00242 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 – UNSW Global Pty Limited) Instrument 2025

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 – UNSW Global Pty Limited) Instrument 2025 (the Instrument) is to approve UNSW Global Pty Limited (UNSW Global) as a higher education provider for the purposes of the Act and notify UNSW Global 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 UNSW Global satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, UNSW Global 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 (OIA23-06233).

COMMENCEMENT

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

CONSULTATION

The department undertook consultation with UNSW Global 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 UNSW Global. A public consultation was not undertaken or considered necessary as UNSW Global 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 – UNSW Global Pty Limited) Instrument 2025

The Higher Education Support (Notice of Approval – UNSW Global Pty Limited) Instrument 2025 (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 UNSW Global Pty Limited (UNSW Global) as a higher education provider for the purposes of the Higher Education Support Act 2003 (the Act) and notify UNSW Global 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 UNSW Global satisfies all applicable criteria in subsection 16-25(1).

As an approved higher education provider, UNSW Global 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, UNSW Global 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 UNSW Global 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, Larissa Hinds

 

 


HIGHER EDUCATION SUPPORT (NOTICE OF APPROVAL – UNSW GLOBAL PTY LIMITED) INSTRUMENT 2025

EXPLANATION OF PROVISIONS

Section 1: Name

  1.   This section specifies the name of the instrument as the Higher Education Support (Notice of Approval – UNSW Global Pty Limited) Instrument 2025 (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.

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, UNSW Global Pty Limited is approved as a higher education provider.

 

 

Overview

The Higher Education Support (Notice of Approval – UNSW Global Pty Limited) Instrument 2025 is a legislative instrument issued by a delegate of the Minister for Education under the Higher Education Support Act 2003. This instrument was introduced to address the need for a clear and formal process to approve UNSW Global Pty Limited as a higher education provider, ensuring that it meets the criteria for such approval and is eligible to receive certain grants and financial assistance under the Act. Enacted by the Australian Parliament, the policy objective of this instrument is to provide a structured framework for approving higher education providers, thereby supporting the right to education by enabling greater accessibility to higher education through financial assistance. In accordance with the Higher Education Support Act 2003, UNSW Global Pty Limited has been assessed and approved as a higher education provider, fulfilling all relevant criteria. This approval allows UNSW Global to receive certain grants and ensures that its students are eligible for financial assistance from the Commonwealth, thereby promoting equitable access to higher education. The approval is exempt from sunsetting provisions, given the stringent review processes already in place under the Act for revoking such approvals.

Scope and Application

The Higher Education Support (Notice of Approval – UNSW Global Pty Limited) Instrument 2025 aims to approve UNSW Global Pty Limited as a higher education provider under the Higher Education Support Act 2003. This approval allows UNSW Global to receive certain grants and its students to be eligible for specific financial assistance from the Commonwealth. The approval process involves UNSW Global meeting the criteria outlined in subsection 16-25(1) of the Act, which pertains to the entity's suitability and capability to operate as a higher education provider. The Minister or a delegate, subject to specific delegations and ministerial direction, can approve such entities. The approval is exempt from sunsetting as outlined in the Legislation (Exemptions and Other Matters) Regulation 2015, given the stringent review processes and grounds for revocation already established in the Act. UNSW Global's approval, once granted, enables it to participate in the higher education support schemes, enhancing access to education through financial aid. The Instrument is compatible with human rights, particularly the right to education as stipulated in Article 13 of the International Covenant on Economic, Social and Cultural Rights, by facilitating financial support for higher education. The Instrument applies specifically to UNSW Global Pty Limited, a body corporate seeking approval as a higher education provider. It is enacted under the authority of the Higher Education Support Act 2003 and commences on the day after its registration on the Federal Register of Legislation. The Instrument does not specify exclusions or exemptions but relies on existing provisions within the Act for revocation of approval. The Minister’s functions and powers, including the approval of higher education providers, have been delegated to certain officials within the Department of Education, subject to specific conditions and ministerial direction. The approval of UNSW Global as a higher education provider is a legislative instrument exempt from sunsetting, ensuring ongoing eligibility for grants and financial assistance for its students, provided it adheres to the criteria and conditions outlined in the Act.

Key Provisions

The Higher Education Support (Notice of Approval – UNSW Global Pty Limited) Instrument 2025 is an instrument under the Higher Education Support Act 2003 (the Act) that approves UNSW Global Pty Limited (UNSW Global) as a higher education provider. Section 1 of the Instrument specifies its name, while Section 2 states that it commences on the day after its registration on the Federal Register of Legislation. The authority for the Instrument is provided in Section 3, which refers to sections 16-25 and 16-50(1)(b) of the Act. Definitions are provided in Section 4, and Section 5 formally approves UNSW Global as a higher education provider for the purposes of the Act. The obligations and requirements imposed by the Act on UNSW Global and similar entities include satisfying the criteria listed 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. Once UNSW Global is approved, it becomes eligible to receive certain grants under the Act, and its students become eligible for certain financial assistance from the Commonwealth. Additionally, the approval is exempt from sunsetting under item 33 in the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. However, the approval can be revoked under various circumstances, including breaches of conditions on its approval or the quality and accountability requirements in Division 19 of the Act. Under the Act, breaches of certain provisions can result in civil or criminal penalties. For instance, subsection 16-25(1) requires the Minister to ensure that a body corporate satisfies the criteria for approval as a higher education provider. Failure to meet these criteria could result in the Minister refusing approval. Furthermore, if UNSW Global breaches any conditions on its approval or the quality and accountability requirements, the Minister may revoke its approval under section 22-15 of the Act. While the Instrument itself does not specify penalties, the overarching Act outlines potential civil and criminal consequences for non-compliance, including fines and imprisonment.

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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.