Higher Education Support Provider Variation of Approval (ACAP University College Pty Ltd) Instrument 2025

Administered by Department of Education

Legislation au F2025L00694 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 Provider Variation of Approval (ACAP University College Pty Ltd) Instrument 2025

 

AUTHORITY

Section 16-70 of the Higher Education Support Act 2003 (the Act) provides that if a body corporate is approved as a higher education provider under section 16-25 and the body’s name changes, the Minister may vary the approval to include the new name. Subsection 16‑70(2) provides that the Minister must notify the body in writing of the variation, and subsection 16-70(3) provides that a notice of variation under subsection (2) is a legislative instrument.

In accordance with section 238-5 of the Act, the functions and powers of the Minister under subsection 16-70(2) have been delegated to certain persons, including APS 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 an SES employee, who is not a Deputy Secretary, must not exercise the delegated power unless they have responsibility for, or involvement with, the administration of the program or other function for which it is appropriate to exercise the delegation.

PURPOSE AND OPERATION

The purpose of the Higher Education Support Provider Variation of Approval (ACAP University College Pty Ltd) Instrument 2025 (the Instrument) is to provide written notice to ACAP University College Pty Ltd (ACAP), previously known as the Australian College of Applied Psychology Pty Ltd of the variation to its approval as a higher education provider under the Act, as required under subsection 16-70(2) of the Act.

The Australian College of Applied Psychology Pty Ltd was originally approved as a higher education provider under the Act on 27 August 2004 (the original approval can be found on page 121 of the Gazette notice published on 8 September 2004 see: https://www.legislation.gov.au/gazettes/historic/2004).

IMPACT ANALYSIS

The Office of Impact Analysis (OIA) has advised that the Instrument has no more than a minor impact and an Impact Analysis is not needed (OIA23-06233).

COMMENCEMENT

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

CONSULTATION

The Department of Education undertook consultation with ACAP to ensure they had no questions, comments or concerns with the proposal to vary their approval to reflect their new name. ACAP was supportive of the proposal. Public consultation was not undertaken or considered necessary as ACAP 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 Provider Variation of Approval (ACAP University College Pty Ltd) Instrument 2025

The Higher Education Provider Variation of Approval (ACAP University College Pty Ltd) 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 provide written notice to ACAP University College Pty Ltd (ACAP), previously known as the Australian College of Applied Psychology Pty Ltd of the variation to its approval as a higher education provider under the Act, as required under subsection 16-70(2) of the Act.

The Australian College of Applied Psychology Pty Ltd was originally approved as a higher education provider under the Act on 27 August 2004 (the original approval can be found on page 121 of the Gazette notice published on 8 September 2004 see: https://www.legislation.gov.au/gazettes/historic/2004).

Human rights implications

The purpose of the Instrument is to notify ACAP of the variation of its approval as a higher education provider to reflect its new name. This variation does not affect the provision of higher education by ACAP or their obligations as a higher education provider under the Act.

As the Instrument only makes a technical variation to the approval of ACAP, it does not impact any human rights.

Conclusion

This instrument is compatible with human rights as it does not raise any human rights issues.

 

Delegate of the Minister for Education, Larissa Hinds

HIGHER EDUCATION SUPPORT PROVIDER VARIATION OF APPROVAL (ACAP UNIVERSITY COLLEGE PTY LTD) INSTRUMENT 2025

EXPLANATION OF PROVISIONS

Section 1: Name

  1.   This section specifies the name of the instrument as the Higher Education Support Provider Variation of Approval (ACAP University College Pty Ltd) Instrument 2025 (the Instrument).

Section 2: Commencement

  1.   This section specifies that the Instrument commences on the day after it is registered on the Federal Register of Legislation.

Section 3: Authority

  1.   The section specifies that the Instrument is made under section 16-70 of the Higher Education Support Act 2003 (the Act).

Section 4: Definition

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

Section 5: Notice of variation of approval

  1.   Section 5 provides that the approval of the higher education provider previously known as the Australian College of Applied Psychology Pty Ltd (ABN 94 057 495 299) is varied to reflect that the higher education provider is now named ACAP University College Pty Ltd.

Overview

The Higher Education Support Provider Variation of Approval (ACAP University College Pty Ltd) Instrument 2025 was enacted to address the procedural necessity of updating the name of a higher education provider under the Higher Education Support Act 2003 when a corporate entity changes its name. This legislative instrument was introduced to ensure that the approval status of higher education providers remains current and accurately reflects their official names. Enacted under the authority of the Minister for Education, the instrument serves to notify ACAP University College Pty Ltd, formerly known as the Australian College of Applied Psychology Pty Ltd, of the variation in its approval as a higher education provider, as mandated by subsection 16-70(2) of the Act. The policy objective is to maintain the integrity and transparency of the higher education sector by ensuring that all regulatory documents are up-to-date and reflect the current legal status of the entities involved.

Scope and Application

The Higher Education Support Provider Variation of Approval (ACAP University College Pty Ltd) Instrument 2025 is a legislative instrument under the Higher Education Support Act 2003. It applies specifically to ACAP University College Pty Ltd, formerly known as the Australian College of Applied Psychology Pty Ltd, to formally notify the entity of a change in its approved status as a higher education provider. This change, mandated by section 16-70 of the Act, is triggered by a name change and ensures that the entity’s approval remains current and accurately reflects its legal identity. The Instrument is intended to operate within the Commonwealth jurisdiction, providing a clear legal framework for the updated approval status of the educational institution. The Instrument does not introduce any exclusions, exemptions, or thresholds; instead, it serves the specific purpose of updating the entity's name in the official records. The commencement of the Instrument is tied to its registration on the Federal Register of Legislation, marking the effective date of the name variation in the approval status.

Key Provisions

The Higher Education Support Provider Variation of Approval (ACAP University College Pty Ltd) Instrument 2025, made under section 16-70 of the Higher Education Support Act 2003, serves to formally notify ACAP University College Pty Ltd (formerly known as the Australian College of Applied Psychology Pty Ltd) of a variation to its approval as a higher education provider. This variation updates the provider’s name in the official records to reflect its new designation. This legal instrument is essential in maintaining the accuracy of the records concerning approved higher education providers under the Act, ensuring that all stakeholders are aware of the current legal identity of the entity in question. The obligations imposed by this Instrument primarily involve the Department of Education and ACAP University College Pty Ltd. The Department of Education is tasked with formally notifying ACAP of the variation in its approval, ensuring that all legal and administrative records are updated to reflect the provider’s new name. ACAP, in turn, must acknowledge receipt of this notification and ensure that all communications and documentation reflect the updated name. This administrative process is critical for maintaining clarity and continuity in the provision of higher education services. In terms of potential breaches and penalties, the Instrument itself does not specify any direct penalties or legal consequences for non-compliance. However, failure to update records and acknowledge the name change could potentially lead to administrative issues or misunderstandings regarding the provider's identity. It is important for both the Department of Education and ACAP to adhere to the requirements of the Instrument to avoid any operational disruptions or legal complications. The overarching framework of the Higher Education Support Act 2003 would govern any further actions or penalties for non-compliance with the Act’s provisions. Given that the Instrument is a legislative instrument, any failure to comply with its requirements might be subject to broader legal interpretations and enforcement actions under the Higher Education Support Act 2003. This could include administrative sanctions, fines, or other measures as deemed necessary by the Minister for Education, depending on the nature and extent of the non-compliance. It is thus imperative for all parties involved to handle the notification and update process with due diligence to prevent any potential legal repercussions.

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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.