EXPLANATORY STATEMENT
Issued by the authority of the Minister for Education and the Minister for Innovation, Industry, Science and Research
SPECIFICATION OF HIGHER EDUCATION INSTITUTIONS, RESEARCH INSTITUTIONS AND VOCATIONAL EDUCATION AND TRAINING PROVIDERS No. 1 of 2009
Authority
Pursuant to the definitions of higher education institution, research institution and vocational education and training provider in section 4 of the Nation-building Funds Act 2008 (the Act) provide that the EIF designated Ministers (as defined by section 4 of the Act) may, by legislative instrument, specify:
(a) higher education institutions;
(b) research institutions; and
(c) vocational education and training providers
for the purposes of those definitions.
This instrument has been issued jointly by the Education Minister and the Research Minister because the definitions of higher education institution, research institution and vocational education and training provider in section 4 of the Act require that the EIF designated Ministers specify these definitions and section 4 of the Act defines the EIF designated Ministers to mean the Education Minister and the Research Minister.
Section 4 of the Act defines Education Minister as the Minister who administers Part 2-2 of the Higher Education Support Act 2003 and Research Minister as the Minister who administers the Australian Research Council Act 2001.
The Administrative Arrangements Order made by the Governor-General on 1 May 2008 provides that the Minister for Education is responsible for administering the Higher Education Support Act 2003 (HESA), and that the Minister for Innovation, Industry, Science and Research is responsible for administering the Australian Research Council Act 2001. As such, this Determination is issued jointly.
Purpose
The purpose of this Instrument is to specify higher education institutions, research institutions and vocational education and training providers for the purposes of the definitions of higher education institution, research institution and vocational education and training provider under section 4 of the Act.
Explanation of provisions
1.1 – Eligible Applicants
To be eligible for funding under the Act, an applicant must be a higher education institution, research institution or a vocational education and training provider as specified by the EIF designated Ministers in this instrument.
1.1.1 – Higher Education Institutions
For the purposes of the definition of higher education institution in section 4 of the Act, higher education institutions are:
- all Table A providers under the Higher Education Support Act 2003 (HESA); and
- all Table B providers under HESA; and
- all Table C providers under HESA; and
- all self-accrediting or non self-accrediting higher education providers approved under HESA and that are registered on the Australian Quality Framework Register at the time of application.
1.1.2 – Research Institutions
For the purposes of the definition of research institution in section 4 of the Act, research institutions are:
- “higher education institutions” as defined by paragraph 1.1.1 above;
- Publicly-Funded Research Agencies established by a Commonwealth Act of Parliament;
- research institutions and other research-related organisations that have an affiliation or partnership with a higher education institution as defined by paragraph 1.1.1 above; and
- Australian organisations primarily involved in undertaking research or research related activities where a significant Australian public benefit can be demonstrated.
1.1.3 – Vocational Education and Training Providers
For the purposes of the definition of vocational education and training provider in section 4 of the Act, vocational education and training providers are all Registered Training Organisations (RTO) as defined in section 3 of the Skilling Australia's Workforce Act 2005, excluding any school in a State that provides a level of secondary education, where the terms 'State' and 'secondary education' are as defined in section 4 of the Schools Assistance Act 2008.
Consultation
This Instrument gives effect to the announcement of the Education Investment Fund and is required as a matter of urgency. As such only limited stakeholder consultation has been conducted.
Business Cost Calculator
This legislative instrument does not require a Regulatory Impact Statement (RIS) or a Business Cost Calculator Figure. The instrument is not regulatory in nature and will not impact on business activity and will have no compliance costs of competition impact.