Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 2 of 2009

Overview

The Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 2 of 2009 is a legislative instrument issued by the Education Minister and the Research Minister to provide definitions for the terms "higher education institution," "research institution," and "vocational education and training provider" under section 4 of the Nation-building Funds Act 2008. This instrument revokes the definitions made by the Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 1 of 2009 and specifies new definitions for these terms. The purpose of this instrument is to clarify the eligibility of applicants for funding under the Act by amending the definition of research institution to exclude self-accrediting and non self-accrediting higher education providers, while still allowing state and territory government agencies and departments whose primary function is research to apply, provided they demonstrate a significant public benefit. The definitions of higher education institution and vocational education and training provider remain unchanged, and no specific consultation was deemed necessary for these definitions. The instrument was issued following consultation with stakeholders, including states and territories, as well as research institutions. It takes effect on the day after it is registered on the Federal Register of Legislative Instruments. The definitions specified in this instrument are intended to ensure that applicants for funding under the Nation-building Funds Act 2008 meet the eligibility criteria for either a higher education institution, research institution, or vocational education and training provider, thereby streamlining the application process and ensuring that funding is allocated to the appropriate entities.

Scope and Application

The "Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 2 of 2009" (the Instrument) is a legislative instrument made by the Education Minister and the Research Minister under the Nation-building Funds Act 2008. The purpose of the Instrument is to specify definitions for higher education institutions, research institutions, and vocational education and training providers, thereby determining their eligibility for funding under the Act. The Instrument revokes the previous definitions specified in the 2009 "Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 1 of 2009" and introduces new definitions to clarify the eligibility criteria, particularly for research institutions. The new definition of research institutions aims to clarify the potential eligibility of state and territory government agencies and departments and to exclude automatic eligibility for self-accrediting and non self-accrediting higher education providers. The Instrument applies nationally, as it is made under a Commonwealth Act, and specifies that entities must meet certain criteria to be eligible for funding under the Act. The definitions apply to institutions and entities involved in higher education, research, and vocational education and training.

Key Provisions

The main operative sections of the Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 2 of 2009 (the Instrument) are Section 1.1.1, Section 1.1.2, and Section 1.1.3. Section 1.1.1 defines a higher education institution as all Table A, Table B, and Table C providers under the Higher Education Support Act 2003 (HESA) and all self-accrediting and non-self-accrediting entities under the HESA. Section 1.1.2 defines a research institution as all Table A, Table B, and Table C providers under the HESA, Publicly-Funded Research Agencies established by a Commonwealth Act of Parliament, and Australian organisations primarily involved in undertaking research or research-related activities where a significant Australian public benefit can be demonstrated. State or territory government agencies whose primary function is research may be eligible to apply, while state or territory government departments would not be considered organisations whose primary function is research. Section 1.1.3 defines a vocational education and training provider as 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 'school', 'State', and 'secondary education' are as defined in section 4 of the Schools Assistance Act 2008. The Instrument imposes several obligations and requirements on the parties it governs. Higher education institutions, research institutions, and vocational education and training providers must meet the definitions set out in the Instrument to be eligible for funding under the Nation-building Funds Act 2008. Higher education institutions must be Table A, Table B, or Table C providers under the HESA or self-accrediting or non-self-accrediting entities under the HESA. Research institutions must be Table A, Table B, or Table C providers under the HESA, Publicly-Funded Research Agencies established by a Commonwealth Act of Parliament, or Australian organisations primarily involved in undertaking research or research-related activities where a significant Australian public benefit can be demonstrated. State or territory government agencies whose primary function is research may be eligible to apply, while state or territory government departments would not be considered organisations whose primary function is research. Vocational education and training providers must be 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. There are no specific offences, penalties, or civil/criminal consequences for breach of the Instrument. However, failure to meet the eligibility requirements set out in the Instrument may result in an applicant being ineligible for funding under the Nation-building Funds Act 2008. Additionally, any misleading or deceptive conduct in relation to the eligibility requirements may be subject to action under the Australian Consumer Law. The maximum penalties for breaches of the Australian Consumer Law vary depending on the nature and severity of the breach, but can include fines of up to $1.1 million for corporations and $220,000 for individuals, as well as imprisonment for up to 10 years.