Higher Education Support (Provider Variation of Approval — Excelsia University College Limited) Instrument 2026

Administered by Department of Education

Legislation au F2026L00604 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 (Provider Variation of Approval — Excelsia University College Limited) Instrument 2026

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 subsection 238-5(1) of the Act, the functions and powers of the Minister under subsection 16-70(2) 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 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 — Excelsia University College Limited) Instrument 2026 (the Instrument) is to provide written notice to the Excelsia University College Limited (Excelsia), previously known as Wesley Institute, of the variation to its approval as a higher education provider under the Act, as required under subsection 16-70(2) of the Act.

Wesley Institute was originally approved as a higher education provider under the Act on 11 November 2004 (the original approval can be found on page 104 of the Gazette notice published on 24 November 2004, see: https://www.legislation.gov.au/gazettes/historic/2004).

COMMENCEMENT

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

CONSULTATION

The Department of Education undertook consultation with Excelsia to ensure they had no questions, comments or concerns with the proposal to vary their approval to reflect their new name. Excelsia was supportive of the proposal. Broader consultation was not undertaken or considered necessary as Excelsia 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 Variation of Approval — Excelsia University College Limited) Instrument 2026

The Higher Education Support (Provider Variation of Approval — Excelsia University College Limited) Instrument 2026 (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 the Excelsia University College Limited (Excelsia), previously known as Wesley Institute, of the variation to its approval as a higher education provider under the Higher Education Support Act 2003 (the Act), as required under subsection 16-70(2) of the Act.

Wesley Institute was originally approved as a higher education provider under the Act on 11 November 2004 (the original approval can be found on page 104 of the Gazette notice published on 24 November 2004, see: https://www.legislation.gov.au/gazettes/historic/2004).

Human rights implications

The purpose of the Instrument is to notify Excelsia 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 Excelsia or their obligations as a higher education provider under the Act.

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

Conclusion

The Instrument is compatible with human rights as it does not raise any human rights issues.

 

Delegate of the Minister for Education, Annette Cannell

HIGHER EDUCATION SUPPORT (PROVIDER VARIATION OF APPROVAL — EXCELSIA UNIVERSITY COLLEGE LIMITED) INSTRUMENT 2026

EXPLANATION OF PROVISIONS

Section 1: Name

  1.   This section specifies the name of the instrument as the Higher Education Support (Provider Variation of Approval — Excelsia University College Limited) Instrument 2026 (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 Wesley Institute (ABN 50 360 319 774) is varied to reflect that the higher education provider is now named Excelsia University College Limited.

Overview

The Higher Education Support (Provider Variation of Approval — Excelsia University College Limited) Instrument 2026 was enacted to ensure the regulatory framework of the Higher Education Support Act 2003 remains current and accurate following a change in the name of an approved higher education provider. The Act, enacted in 2003, was established to provide financial support and regulation for higher education institutions in Australia. The Instrument addresses the specific issue of updating the approval of an institution following a name change, ensuring that the institution's legal status aligns with its current identity. The enactment of this Instrument is authorised under section 16-70 of the Higher Education Support Act 2003, with the policy objective of maintaining clarity and accuracy in the administration of higher education provider approvals. The Instrument requires the Minister for Education to notify the affected institution of any changes to its approval status, ensuring compliance with the legislative requirements.

Scope and Application

The Higher Education Support (Provider Variation of Approval — Excelsia University College Limited) Instrument 2026 applies to the Excelsia University College Limited, previously known as Wesley Institute, which has been approved as a higher education provider under the Higher Education Support Act 2003. This Instrument provides written notice to Excelsia of the variation to its approval to reflect its new name, as required by subsection 16-70(2) of the Act. The Instrument is a legislative instrument made under section 16-70 of the Act, which allows the Minister to vary the approval of a higher education provider if their name changes. The variation does not affect Excelsia's obligations as a higher education provider under the Act. The Instrument is compatible with human rights as it does not impact any human rights. The Instrument is subject to the general direction issued by the Minister under subsection 238-5(2) of the Act, which 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. The Instrument commences on the day after it is registered on the Federal Register of Legislation. The Department of Education undertook consultation with Excelsia to ensure they had no questions, comments or concerns with the proposal to vary their approval to reflect their new name. Excelsia was supportive of the proposal. Broader consultation was not undertaken or considered necessary as Excelsia is the only body affected by the notice.

Key Provisions

The main operative sections of the Higher Education Support (Provider Variation of Approval — Excelsia University College Limited) Instrument 2026 (the Instrument) include the specification of the instrument's name in Section 1, the commencement date in Section 2, the authority under which it is made in Section 3, the definition of the term 'Act' in Section 4, and the provision of the notice of variation of approval in Section 5. Section 1 specifies the name of the instrument, clearly identifying it as the Higher Education Support (Provider Variation of Approval — Excelsia University College Limited) Instrument 2026. Section 2 stipulates that the Instrument will commence on the day after it is registered on the Federal Register of Legislation. Section 3 establishes that the Instrument is made under section 16-70 of the Higher Education Support Act 2003. Section 4 defines the term 'Act' for the purposes of the Instrument, clarifying that it refers to the Higher Education Support Act 2003. Finally, Section 5 provides the formal notice of the variation of approval for the higher education provider, formerly known as Wesley Institute, to now be named Excelsia University College Limited. The Instrument imposes specific obligations and requirements on Excelsia University College Limited, as the entity affected by the variation in approval. Primarily, Excelsia must acknowledge and accept the variation of its approval to reflect its new name, as communicated in Section 5 of the Instrument. This notification is critical for ensuring that all legal and administrative records are updated to reflect the new name. Additionally, Excelsia must continue to comply with all existing obligations and requirements as a higher education provider under the Higher Education Support Act 2003, without any changes due to the name variation. There are no specific offences, penalties, or civil/criminal consequences outlined in the Instrument for non-compliance with the variation of approval. The Instrument is a formal notice and does not introduce new regulatory requirements or impose penalties. Instead, its purpose is to ensure that Excelsia's approval is accurately recorded under its new name, thereby maintaining compliance with the Higher Education Support Act 2003. The absence of penalties suggests that the primary intent is to facilitate a smooth transition and update of records rather than to enforce compliance through punitive measures.

Legal classification tags

Area of Law
Education Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards

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.