{"id":"F2009L01061","name":"Higher Education Provider Approval (No. 1 of 2009)","slug":"higher-education-provider-approval-no-1-of-2009","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121793,"registerId":"commonwealth-F2009L01061-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 1 of 2009)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No 1 of 2009)\n\nApproval pursuant to section 16-25 and notice of approval pursuant to paragraph 16-50(1)(b).\n\nI, FIONA BUFFINTON, a delegate of the Minister for Education for the purposes of section 16-25 of the Higher Education Support Act 2003 (‘the HESA’) have approved the Australian Institute of Professional Counsellors Pty Ltd as the trustee for the AIPC Trust Qld as a higher education provider under that section of the HESA, and:\n\na) note that the application of the Australian Institute of Professional Counsellors Pty Ltd as the trustee for the AIPC Trust Qld for approval as a higher education provider has thereby been decided as required by paragraph 16-50(1)(a) of the HESA; and\n\nb) pursuant to paragraph 16-50(1)(b) of the HESA give notice of my approval to the Australian Institute of Professional Counsellors Pty Ltd as the trustee for the AIPC Trust Qld.\n\nIn accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, this notice of approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing it.\n\nDated this 12th day of March 2009\n\n(Signed)\n\nFIONA BUFFINTON\n\nGroup Manager, Higher Education Group\n\nDepartment of Education, Employment and Workplace Relations","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument effects the applicant's approval as sought under section 16-25 of the HESA and gives notice under paragraph 16-50(1)(b). It does not expand, narrow or add conditions to the applicant's scope beyond granting approval and specifying commencement timing under section 16-55; there is no indication in the text that the scope differs from the application."},"complexity_factors":["Procedural, single-purpose instrument: records approval and notice rather than substantive regulation.","Relies on cross-references to HESA provisions (ss 16-25, 16-50, 16-55) for legal effect and timing.","Contains specific administrative facts (delegate, entity names, dates) requiring precision but little legal interpretation.","Effectiveness depends on other statutes and instruments (Legislative Instruments Act 2003) rather than internal complexity.","No conditions, exemptions or bespoke regulatory mechanisms embedded in the text."],"plain_english_summary":"This instrument approves Australian Institute of Professional Counsellors Pty Ltd (as trustee for the AIPC Trust Qld) as a higher education provider under the Higher Education Support Act 2003. The approval is recorded and notified by a Ministerial delegate (Fiona Buffinton). The instrument also states its commencement timing under section 16-55 of the HESA and the Legislative Instruments Act 2003. It does not itself set out funding, fee or regulatory obligations, which are governed by HESA and related instruments."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a routine administrative approval instrument exercising a specific statutory power under section 16-25 of the HESA. It has not expanded beyond its original purpose of approving a single named entity as a higher education provider."},"complexity_factors":["Single-purpose administrative instrument (only one decision being made)","Only 3 operative paragraphs with straightforward conditional logic","References only 4 specific sections of primary legislation (HESA sections 16-25, 16-50, 16-55 and Legislative Instruments Act subsection 12(3))","No defined terms section (relies on definitions in parent Act)","No nested exceptions or complex procedural requirements","Standard template language common to thousands of similar approval instruments"],"plain_english_summary":"This document is an official approval notice under the Higher Education Support Act 2003. It grants **Australian Institute of Professional Counsellors Pty Ltd** (acting as trustee for the AIPC Trust Qld) official status as a **higher education provider**.\n\n**What this means:**\n- The organisation can now offer higher education courses (like university-level qualifications)\n- Students at this provider may become eligible for government financial assistance (such as HELP loans) to pay for their studies\n- The approval was made by Fiona Buffinton, who had authority from the Minister for Education to make this decision\n\n**Why it matters:**\nWithout this approval, the institute could not legally call itself a higher education provider or access the government funding schemes that support Australian universities and colleges. This approval essentially puts the organisation on the official map of recognised Australian higher education institutions."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-1-of-2009","history":"/api/acts/higher-education-provider-approval-no-1-of-2009/history","analysis":"/api/acts/higher-education-provider-approval-no-1-of-2009/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-1-of-2009/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-1-of-2009/important-cases","documents":"/api/acts/higher-education-provider-approval-no-1-of-2009/documents"}}