Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 1 of 2009

Overview

The SPECIFICATION OF HIGHER EDUCATION INSTITUTIONS, RESEARCH INSTITUTIONS AND VOCATIONAL EDUCATION AND TRAINING PROVIDERS No. 1 of 2009 was enacted to provide clarity and specificity regarding the definitions of higher education institutions, research institutions, and vocational education and training providers for the purposes of the Nation-building Funds Act 2008. This legislation was issued jointly by the Minister for Education and the Minister for Innovation, Industry, Science and Research, aligning with their respective responsibilities as outlined in the Administrative Arrangements Order made by the Governor-General on 1 May 2008. The primary policy objective of this instrument is to facilitate clear identification of eligible entities for funding under the Act, ensuring that only those institutions and providers specified in this legislation qualify for the benefits outlined. The urgency of this determination was driven by the need to swiftly operationalise the Education Investment Fund, thereby limiting the scope for extensive stakeholder consultation.

Scope and Application

The "SPECIFICATION OF HIGHER EDUCATION INSTITUTIONS, RESEARCH INSTITUTIONS AND VOCATIONAL EDUCATION AND TRAINING PROVIDERS No. 1 of 2009" applies to higher education institutions, research institutions, and vocational education and training providers as defined under the Nation-building Funds Act 2008. This legislation specifies the entities eligible for funding under the Act, ensuring that the definitions of higher education institution, research institution, and vocational education and training provider are accurately identified. These definitions encompass all Table A, B, and C providers under the Higher Education Support Act 2003, self-accrediting or non-self-accrediting higher education providers registered on the Australian Quality Framework Register, Publicly-Funded Research Agencies, research institutions affiliated with higher education institutions, Australian organisations involved in research activities demonstrating significant public benefit, and all Registered Training Organisations as defined in the Skilling Australia's Workforce Act 2005, excluding secondary schools. This legislative instrument operates nationally, applying to all eligible institutions and providers across Australia. It is issued by the Minister for Education and the Minister for Innovation, Industry, Science and Research, reflecting their responsibilities under the Higher Education Support Act 2003 and the Australian Research Council Act 2001, respectively. Notably, this instrument does not require a Regulatory Impact Statement or a Business Cost Calculator, indicating it is not intended to impose regulatory burdens on business activity or competition.

Key Provisions

The key provisions of the specification of higher education institutions, research institutions and vocational education and training providers under the Nation-building Funds Act 2008, as detailed in this legislative instrument, are outlined in section 1.1, which stipulates the eligibility criteria for funding. Specifically, applicants must be specified as higher education institutions, research institutions, or vocational education and training providers by the Education and Research Ministers. Under section 1.1.1, higher education institutions include all Table A, B, and C providers under the Higher Education Support Act 2003 (HESA) as well as any self-accrediting or non self-accrediting higher education providers that are registered on the Australian Quality Framework Register at the time of application. Research institutions, as defined in section 1.1.2, encompass higher education institutions, Publicly-Funded Research Agencies established by a Commonwealth Act of Parliament, research institutions and other research-related organisations affiliated or partnered with higher education institutions, and Australian organisations primarily involved in research or research-related activities demonstrating significant Australian public benefit. Finally, section 1.1.3 defines vocational education and training providers as all Registered Training Organisations (RTO) under the Skilling Australia's Workforce Act 2005, excluding schools in a State that provide secondary education as defined in the Schools Assistance Act 2008. The Act imposes several obligations and requirements on the parties it governs, primarily focusing on eligibility for funding under the Act. Higher education institutions, research institutions, and vocational education and training providers must meet the specific criteria outlined in the Act to qualify for funding. This includes ensuring that higher education institutions are either Table A, B, or C providers under HESA or self-accrediting or non self-accrediting higher education providers registered on the Australian Quality Framework Register. Research institutions must meet the criteria of being higher education institutions, Publicly-Funded Research Agencies, affiliated research institutions, or organisations primarily involved in research with significant Australian public benefit. Vocational education and training providers must be Registered Training Organisations, excluding any schools in a State providing secondary education. The Act does not specify any explicit offences, penalties, or civil/criminal consequences for breaches of its provisions. However, by specifying the eligibility criteria for funding, the Act indirectly sets the parameters for compliance. Entities not meeting the specified criteria would be ineligible for funding, which could have significant implications for their operations and funding prospects. While the Act does not detail specific penalties for non-compliance, entities failing to meet the specified criteria for higher education institutions, research institutions, or vocational education and training providers would not be eligible for funding under the Act, thereby impacting their ability to receive financial support for their activities.