Commonwealth legislation

Higher Education Provider Approval (No. 8 of 2005)

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Commonwealth

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legislative instrument

Plain English Summary

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This instrument formally approves the Australian Film, Television and Radio School as a Higher Education Provider under the Higher Education Support Act 2003. It makes clear the approval triggers the school’s statutory obligations on financial viability, quality, fairness, compliance and contribution/fee rules (as summarised in Attachment 1) and becomes effective after the parliamentary disallowance period. It matters because the approval authorises the school to participate in Commonwealth higher-education arrangements and subjects it to compliance and reporting requirements that affect funding eligibility and operations.

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Higher Education Provider Approval (No. 8 of 2005)

INSTRUMENT OF APPROVAL

COMMONWEALTH OF AUSTRALIA

Higher Education Support Act 2003

Higher Education Provider Approval (No. 8 of 2005)

Approval and notice of approval pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003.

I, COLIN WALTERS, of the Department of Education, Science and Training, acting as a delegate pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003 (‘the HESA’) hereby approve and give notice of approval of the following body corporate as a Higher Education Provider:

Australian Film, Television and Radio School

In accordance with section 16-55 of the HESA and subsection 12(3), paragraph 42(1)(b) and section 57(2) of the Legislative Instruments Act 2003, this approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.

Information as is specified in the Higher Education Provider Guidelines as information that must be provided to an applicant upon approval as a higher education provider is set out in Attachment 1 to this notice. Attachment 1 forms part of the contents of this notice.

Dated this ……………10……………day of ……………August ……………2005.

COLIN WALTERS

Group Manager, Higher Education Group

Department of Education, Science and Training

Attachment 1

INFORMATION REGARDING HIGHER EDUCATION PROVIDERS’ OBLIGATIONS IN RELATION TO THE QUALITY AND ACCOUNTABILITY REQUIREMENTS UNDER THE HIGHER EDUCATION SUPPORT ACT 2003 (‘the HESA’)

In accordance with subsection 16-50(4) of the HESA and Chapter 5 of the Higher Education Provider (HEP) Guidelines, the following information is provided to an approved Higher Education Provider (HEP) regarding its obligations under the quality and accountability requirements:

Financial Viability Requirements (Subdivision 19-B of the Act)

A HEP must meet the financial viability requirements set out in Subdivision 19-B of the HESA*.

Quality Requirements(Subdivision 19-C of the Act)

A HEP must meet the quality requirements set out in Subdivision 19-C of the HESA* and must comply with the requirements of the Higher Education Provider Guidelines**.

Fairness Requirements (Subdivision 19-D of the Act)

A HEP must meet the fairness requirements set out in Subdivision 19-D of the HESA* and must comply with the requirements of the Higher Education Provider Guidelines**.

Compliance Requirements (Subdivision 19-E of the Act)

A HEP must meet the compliance requirements set out in Subdivision 19-E of the HESA* and must comply with the requirements of the HESA, the regulations and relevant guidelines.

Contribution and fee requirements – subdivision 19F of the HESA

A HEP must meet the contribution and fee requirements set out in Subdivision 19-F of the HESA* and must comply with the requirements of the Higher Education Provider Guidelines** and the Commonwealth Grant Scheme Guidelines**.

NOTE: Subject to the passage of legislation, the criteria that are currently set out in the Commonwealth Grant Scheme Guidelines** for determining incidental fees will be moved to the Higher Education Provider Guidelines**.

* The HESA is available at: http://www.comlaw.gov.au

** The Higher Education Provider Guidelines and the Commonwealth Grant Scheme Guidelines are available at: http://www.backingaustraliasfuture.gov.au/guidelines/hep_guide.htm

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Higher Education Provider Approval (No. 8 of 2005)

INSTRUMENT OF APPROVAL

COMMONWEALTH OF AUSTRALIA

Higher Education Support Act 2003

Higher Education Provider Approval (No. 8 of 2005)

Approval and notice of approval pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003.

Australian Film, Television and Radio School

Dated this ……………10……………day of ……………August ……………2005.

COLIN WALTERS

Group Manager, Higher Education Group

Department of Education, Science and Training

Attachment 1

INFORMATION REGARDING HIGHER EDUCATION PROVIDERS’ OBLIGATIONS IN RELATION TO THE QUALITY AND ACCOUNTABILITY REQUIREMENTS UNDER THE HIGHER EDUCATION SUPPORT ACT 2003 (‘the HESA’)

Financial Viability Requirements (Subdivision 19-B of the Act)

A HEP must meet the financial viability requirements set out in Subdivision 19-B of the HESA*.

Quality Requirements(Subdivision 19-C of the Act)

A HEP must meet the quality requirements set out in Subdivision 19-C of the HESA* and must comply with the requirements of the Higher Education Provider Guidelines**.

Fairness Requirements (Subdivision 19-D of the Act)

A HEP must meet the fairness requirements set out in Subdivision 19-D of the HESA* and must comply with the requirements of the Higher Education Provider Guidelines**.