Chapter 2
-
Grants for higher education assistance etc
History
Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part
2-4
of the
Higher Education Support Act 2003
in respect of the year 2008 or a later year. The heading formerly read:
Chapter 2
-
Grants for higher education assistance
PART 2-1
-
HIGHER EDUCATION
PROVIDERS
Division 16
-
What is a higher education provider?
Subdivision 16-C
-
How are bodies approved as higher education providers?
SECTION 16-25
Approval by the Minister
16-25(1)
The Minister, in writing, may approve a body corporate as a higher education provider if:
(a)
the body:
(i)
is established under the law of the Commonwealth, a State or a Territory; and
(ii)
carries on business in Australia; and
(iii)
has its central management and control in Australia; and
(aa)
subject to subsection (2), the body
'
s principal purpose is, or is taken to be, either or both of the following:
(i)
to provide education;
(ii)
to conduct research; and
(b)
the body is:
(i)
an *Australian university; or
(ii)
a *self-accrediting entity; or
(iii)
a *non self-accrediting entity; and
(c)
the Minister is satisfied that the body will meet the *tuition protection requirements (if applicable); and
(d)
(Repealed by No 74 of 2011)
(da)
the body offers at least one *course of study that leads to a *higher education award; and
(db)
the course of study is an *accredited course in relation to the body; and
(dc)
(Repealed by No 74 of 2011)
(e)
the body applies for approval as provided for in section
16-40
; and
(f)
the Minister is satisfied that the body is willing and able to meet the *quality and accountability requirements; and
(fa)
the body complies with any requirements set out in the Higher Education Provider Guidelines; and
(fb)
the Minister is satisfied that the body has sufficient experience in the provision of higher education; and
(g)
the Minister is satisfied that:
(i)
the body; and
(ii)
each person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the body
'
s affairs;
is a fit and proper person.
History
S 16-25(1) amended by No 111 of 2019, s 3 and Sch 2 item 2, by substituting para (c), effective 1 January 2012. No 111 of 2019, s 3 and Sch 2 item 2 contains the following transitional provision:
Division 2
-
Application and transitional provisions
34 Application and transitional provisions
43(1)
Subsection
5-1(2)
of the
Higher Education Support Act 2003
, as amended by this Part, applies in relation to a Table C provider after the commencement of this Part, regardless of when the provider was, or was taken to be, approved.
43(2)
The amendment of section
16-25
of the
Higher Education Support Act 2003
made by this Part applies in relation to applications for approval made:
(a)
after the commencement of this Part; or
(b)
before the commencement of this Part, if the application had not been decided before that commencement.
43(3)
If, before the commencement of this Part, a higher education provider ceased to provide a unit of study, then the
Higher Education Support Act 2003
and any instruments in force under that Act immediately before that commencement continue to apply, after that commencement, in relation to the provider as if the amendments and repeals made by this Part had not happened.
43(4)
Section
19-66A
and Part
5-1A
of the
Higher Education Support Act 2003
, as inserted by this Part, apply in relation to a higher education provider after the commencement of this Part, regardless of when the provider was, or was taken to be, approved.
43(5)
The amendments of section
169-15
of the
Higher Education Support Act 2003
made by this Part apply in relation to enrolments in a unit of study that occur after the commencement of this Part.
Para (c) formerly read:
(c)
the body either fulfils the *tuition assurance requirements or is exempted from those requirements under section
16-31
; and
S 16-25(1) amended by No 83 of 2017, s 3 and Sch 3 item 3, by inserting para (fb), applicable in relation to:
(a) applications for approval made after 17 August 2017; and
(b) applications for approval made before 17 August 2017 but not yet decided before 17 August 2017.
S 16-25(1) amended by No 160 of 2012, s 3 and Sch 2 item 19, by inserting para (fa), effective 29 November 2012.
S 16-25(1) amended by No 74 of 2011, s 3 and Sch 2 items 37 and 38, by repealing para (d) and substituting para (db) for para (db) and (dc), applicable in relation to an application for approval made on or after 29 January 2012. Para (d), (db) and (dc) formerly read:
(d)
the body is in a State or Territory that the Minister is satisfied has legislation that complies with the *National Protocols; and
(db)
if the body is a self-accrediting entity:
(i)
the body is authorised by a *government accreditation authority to accredit that course; or
(ii)
the course is an *accredited course; and
(dc)
if the body is a non self-accrediting entity
-
the course is an accredited course; and
S 16-25(1) amended by No 72 of 2011, s 3 and Sch 1 items 1 to 3, by inserting
"
(1)
"
before
"
The Minister
"
, substituting para (aa), and inserting para (g), applicable in relation to an application for approval made on or after 30 June 2011. Para (aa) formerly read:
(aa)
the body
'
s principal purpose is either or both of the following:
(i)
to provide education;
(ii)
to conduct research; and
S 16-25 amended by No 6 of 2010, s 3 and Sch 1 item 1, by substituting
"
fulfils the *tuition assurance requirements
"
for
"
fulfilled the *tuition assurance requirements on the date of making an application under section
16-40
"
in para (c), effective 19 February 2010.
S 16-25 amended by No 72 of 2007, s 3 and Sch 1 items 5 and 6, by substituting para (b) and substituting paras (d), (da), (db) and (dc) for para (d), effective 31 December 2007. Paras (b) and (d) formerly read:
(b)
the body is either:
(i)
a *university; or
(ii)
a *self-accrediting provider; or
(iii)
a *non self-accrediting provider; and
(d)
in the case of a non self-accrediting provider, the body meets the additional requirements under section
16-35
; and
16-25(2)
For the purpose of paragraph (1)(aa), the Minister may determine that a body
'
s principal purpose is taken to be either or both of the following:
(a)
to provide education;
(b)
to conduct research;
if the Minister is satisfied that any of the body
'
s purposes do not conflict with the body
'
s purpose of providing education and/or conducting research.
History
S 16-25(2) inserted by No 72 of 2011, s 3 and Sch 1 item 3, applicable in relation to an application for approval made on or after 30 June 2011.
Former s 16-25(2) repealed by No 72 of 2007, s 3 and Sch 1 item 7, effective 31 December 2007. S 16-25(2) formerly read:
16-25(2)
A
university
means a body corporate:
(a)
that meets *National Protocol 1; and
(b)
that is established as a university, or recognised as a university, by or under a law of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory.
16-25(2A)
For the purposes of paragraph (1)(fb), the Minister may have regard to the following:
(a)
whether the body has been a *registered higher education provider for 3 or more years;
(b)
the history of the body, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the body
'
s affairs, in delivering higher education;
(c)
the scope of courses and level of qualifications the body, and each person who makes or participates in making decisions that affect the whole, or a substantial part, of the body
'
s affairs, has experience in providing.
History
S 16-25(2A) inserted by No 83 of 2017, s 3 and Sch 3 item 4, applicable in relation to:
(a) applications for approval made after 17 August 2017; and
(b) applications for approval made before 17 August 2017 but not yet decided before 17 August 2017.
16-25(3)
The Minister must, in deciding whether he or she is satisfied that a person is a fit and proper person, take into account the matters specified in an instrument under subsection (4). The Minister may take into account any other matters he or she considers relevant.
History
S 16-25(3) inserted by No 72 of 2011, s 3 and Sch 1 item 3, applicable in relation to an application for approval made on or after 30 June 2011.
Former s 16-25(3) repealed by No 72 of 2007, s 3 and Sch 1 item 7, effective 31 December 2007. S 16-25(3) formerly read:
16-25(3)
A
self-accrediting provider
is a body corporate, other than a *university, whose name is included in the *Australian Qualifications Framework Register as the name of a higher education institution empowered to issue its own qualifications.
16-25(4)
The Minister must, by legislative instrument, specify matters for the purposes of subsection (3).
History
S 16-25(4) inserted by No 72 of 2011, s 3 and Sch 1 item 3, applicable in relation to an application for approval made on or after 30 June 2011.
Former s 16-25(4) repealed by No 72 of 2007, s 3 and Sch 1 item 7, effective 31 December 2007. S 16-25(4) formerly read:
16-25(4)
A
non self-accrediting provider
is a body corporate:
(a)
whose name is included; or
(b)
who owns or controls a business name that is included;
in the list of Non Self-Accrediting Higher Education Institutions contained in the *Australian Qualifications Framework Register, as the name of an institution approved by an authorised accreditation authority to issue one or more *higher education awards.
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