Higher Education Support Provider (EQUALS International (Aust) Pty Ltd) Approval 2022

Administered by Department of Education

Legislation au F2022L01129 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Education

Higher Education Support Act 2003

Higher Education Support Provider (EQUALS International (Aust) Pty Ltd) Approval 2022

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.

Paragraphs 16-50(1)(a) and (b) of the Act respectively require the Minister to decide the application and cause the applicant to be notified in writing whether or not the applicant is approved as a higher education provider. Subsection 16-55 specifies that a notice of approval under paragraph 16‑50(1)(b) 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 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 Instrument is to approve EQUALS International (Aust) Pty Ltd (EQUALS International) as a higher education provider for the purposes of the Act and notify EQUALS International 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 EQUALS International satisfies all applicable criteria in subsection 16-25(1).    

As an approved higher education provider, EQUALS International is eligible to receive certain grants made under the Act and its students are eligible to receive certain financial assistance from the Commonwealth.

REGULATORY IMPACT

The Office of Best Practice Regulation has advised (OBPR22-02827) no RIS is needed as the proposal is unlikely to be more than a minor regulatory impact.

COMMENCEMENT

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

CONSULTATION

The department undertook consultation with EQUALS International 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 EQUALS International 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 Provider (EQUALS International (Aust) Pty Ltd) Approval 2022

The Higher Education Support Provider (EQUALS International (Aust) Pty Ltd) Approval 2022 (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 EQUALS International (Aust) Pty Ltd (EQUALS International) as a higher education provider for the purposes of the Act and notify EQUALS International of its approval.

Human rights implications

The Instrument engages the right to education.

Right to education

The Instrument promotes the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). 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.’ The UN Committee on Economic, Social and Cultural Rights has stated that that the ‘capacity’ of individuals should be assessed by reference to all their relevant expertise and experience.

As an approved higher education provider, EQUALS International 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 EQUALS International 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 promotes the right to education.

 

 

Minister for Education

HIGHER EDUCATION SUPPORT PROVIDER (EQUALS International (Aust) Pty Ltd) APPROVAL 2022

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This section specifies the name of the instrument as the Higher Education Support Provider (EQUALS International (Aust) Pty Ltd) Approval 2022 (the Instrument).

Section 2: Commencement

2.  This section specifies that the Instrument commences on the day after registration on the Federal Register of Legislation.

Section 3: Authority

3.  The Instrument is made by the delegate of the Minister under section 16-25 of paragraph 16‑50(1)(b) of the Higher Education Support Act 2003.

Section 4: Definitions

4.  This section defines the term Act for the purposes of the Instrument, which is defined as meaning the Higher Education Support Act 2003.

Section 5: Approval

5.  In accordance with section 16-25 of the Act, this section approves EQUALS International (Aust) Pty Ltd as a higher education provider for the purposes of the Act.

6.  As an approved higher education provider, EQUALS International (Aust) Pty Ltd is eligible to receive certain grants made under the Act and its students may be eligible to receive certain financial assistance from the Commonwealth.

Overview

The Higher Education Support Provider (EQUALS International (Aust) Pty Ltd) Approval 2022 is an instrument made under the Higher Education Support Act 2003 by the Minister for Education. It approves EQUALS International (Aust) Pty Ltd as a higher education provider, enabling it to receive certain grants and allowing its students to access financial assistance from the Commonwealth. The approval process involved consultation with EQUALS International and a determination that the organisation met all necessary criteria. This legislative instrument is designed to facilitate the provision of higher education and financial support, thereby promoting the right to education as outlined in the International Covenant on Economic, Social and Cultural Rights. The instrument's compatibility with human rights has been affirmed as it supports the principle of making higher education accessible on the basis of capacity rather than financial means.

Scope and Application

The Higher Education Support Provider (EQUALS International (Aust) Pty Ltd) Approval 2022 is a legislative instrument that grants EQUALS International (Aust) Pty Ltd approval as a higher education provider under the Higher Education Support Act 2003. This approval is contingent upon the corporation meeting specific criteria outlined in the Act, including making an application to the Minister for approval. The approval enables EQUALS International to receive certain grants under the Act and allows its students to be eligible for financial assistance from the Commonwealth. The approval process involved consultation with EQUALS International, but public consultation was deemed unnecessary as the entity is the sole body affected by the notice. The Instrument promotes the right to education as stipulated in the International Covenant on Economic, Social and Cultural Rights, by ensuring that higher education is accessible to all based on capacity rather than financial means. The Instrument applies to EQUALS International (Aust) Pty Ltd and its students, allowing the entity to participate in Commonwealth-funded higher education programs. The geographic reach of this legislation is effectively national, as it pertains to an entity operating within Australia and its students who may be located anywhere in the country. There are no stated exclusions, exemptions, or thresholds in the Instrument itself, although compliance with the broader provisions of the Higher Education Support Act 2003 is necessary. The application and scope of the Act may be further defined or restricted through subordinate instruments issued under the authority of the Minister for Education. The Instrument commences on the day after it is registered on the Federal Register of Legislation.

Key Provisions

The Higher Education Support Provider (EQUALS International (Aust) Pty Ltd) Approval 2022 (the Instrument) is an approval under the Higher Education Support Act 2003 (the Act). Section 1 of the Instrument specifies its name, and Section 2 indicates that it commences on the day after registration on the Federal Register of Legislation. Section 3 establishes the authority for the Instrument, which is derived from the delegate of the Minister under subsections 16-25 and 16-50(1)(b) of the Act. Section 4 provides definitions, including the definition of the Act for the purposes of the Instrument. The central provision of the Instrument is in Section 5, where EQUALS International (Aust) Pty Ltd is approved as a higher education provider under the Act. As a result of this approval, EQUALS International is eligible to receive certain grants under the Act, and its students may be eligible for certain financial assistance from the Commonwealth. The obligations imposed by the Instrument on EQUALS International (Aust) Pty Ltd include maintaining the standards and criteria set out in the Act to ensure continued eligibility for grants and financial assistance. The approval is contingent on EQUALS International satisfying the requirements of the Act, including those related to the suitability and ability to be an approved higher education provider. EQUALS International must adhere to any conditions imposed by the Minister or the delegate, which may include reporting requirements, compliance with educational standards, and other administrative obligations to ensure that it remains eligible for the benefits associated with the approval. Breach of the obligations or failure to comply with the conditions set out in the Act could lead to consequences. The Minister or the delegate may take action to revoke the approval of EQUALS International as a higher education provider, which would result in the loss of eligibility for grants and financial assistance. While the specific penalties for non-compliance are not detailed in the Instrument, the Act provides for both civil and criminal penalties for breaches of its provisions. Civil penalties can include fines, and in more severe cases, criminal penalties can include imprisonment. These penalties are intended to enforce compliance with the Act and to ensure that the integrity and standards of the higher education sector are maintained.

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Education Law
Instrument
Legislative Instrument
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Definitions & Interpretation
Approval Process
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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.