{"id":"F2018L00259","name":"Higher Education Provider Approval No. 1 of 2018","slug":"higher-education-provider-approval-no-1-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96894,"registerId":"commonwealth-F2018L00259-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval No. 1 of 2018","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 1 of 2018\n\nApproval under section 16\\-25, decision under paragraph 16-50(1a), and Notice of Approval under paragraph 16\\-50(1b) to the Higher Education Support Act 2003 (the Act).\n\nI, Damian Coburn, a delegate of the Minister for Education and Training for the purposes of 16-25, 16-50 and 16-60 of the Higher Education Support Act 2003 (the Act):\n\n(a) approve the application of Health Education and Training Institute (ABN: 82 914 196 002) as a higher education provider in accordance with section 16\\-25 of the Act; and\n\n(b) impose conditions on the approval of Health Education and Training Institute as a higher education provider in accordance with paragraph 16-60 of the Act;\n\n(c) note that this approval decides the application of Health Education and Training Institute as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give Health Education and Training Institute written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n1. Health Education and Training Institute must advise the department of any changes in relation to the conditions of the financial guarantee which it has in place with the New South Wales Government.\n\n2. Health Education and Training Institute must not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.\n\n3. Health Education and Training Institute must not offer its assets as security for the benefit of any other person or entity including associated entities except as a consequence of any commercial loan arrangements with a recognised financial institution for the period of its approval. Associated entity has the meaning given by section 50AAA of the Corporations Act 2001.\n\n4. Health Education and Training Institute must, on an annual basis for the period of its approval, by no later than 31 December each year, provide the department responsible for administering the Act with:\n\n    a) General purpose financial statement that comply with section 19-10 of the Act; and\n    b) a declaration by an external and independent public accountant or qualified auditor that Health Education and Training Institute has, as at the date of the declaration, complied with all statutory obligations relating to the lodgement and payment of:\n\n-   company tax;\n-   goods and services tax;\n-   pay-as-you-go withholding tax for employees;\n-   payroll tax;\n-   superannuation guarantee for employees; and\n-   other withholding tax.\n\n5. Health Education and Training Institute must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events Health Education and Training Institute or a related entity that may significantly affect the capacity of Health Education and Training Institute to meet the quality and accountability requirements under the Act for the period of its approval. The written advice must be provided within 10 working days of the event occurring.\n\n6. Health Education and Training Institute must inform the department responsible for administering the Higher Education Support Act 2003 in writing of changes to directors, company structure and/or its constitution for the period of its approval. The written advice must be provided within 10 working days of the event occurring.\n\n7. Health Education and Training Institute must, as soon as practicable, advise the department responsible for administering the Higher Education Support Act 2003 of any regulatory activity undertaken or being undertaken by the Tertiary Education Quality and Standards Authority or any other regulatory body which may impact upon its operations for the period of its approval.\n\n8. Health Education and Training Institute must, as soon as practicable, advise the department responsible for administering the Higher Education Support Act 2003 of any regulatory activity that has been or is being undertaken in relation to Australian Consumer Law and/or fair trading laws for the period of its approval.\n\n9. Health Education and Training Institute must report data monthly for two years from the date of approval.\n\nIn accordance with section 16-55 of the Act and section 12 of the Legislation Act 2003 this notice of approval commences on the day after it is registered on the Federal Register of Legislation.\n\nDate 13 March 2018\n\nDamian Coburn  \nA/g Group Manager  \nHigher Education Group\n\nDelegate of the Minister for Education and Training","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument grants approval to the named Institute while imposing financial, governance and reporting conditions. It does not expand the statutory functions or rights conferred by the Act; instead it conditions approval with oversight and restrictions on financial dealings and reporting. The effect is conditional limitation and supervision rather than a change to the provider’s statutory scope under the Act."},"complexity_factors":["Multiple ongoing reporting obligations: annual general purpose financial statements and an external auditor/accountant declaration covering tax, GST, PAYG, payroll tax, superannuation and other withholding taxes (Condition 4).","Prohibition on providing guarantees or loans to directors or related entities that could materially affect finances introduces operational constraints and monitoring requirements (Condition 2).","Restriction on offering assets as security except for commercial loans with a recognised financial institution; definition of 'associated entity' relies on Corporations Act s50AAA, creating cross‑statutory dependence (Condition 3).","Short notification timelines for material events and changes to directors/structure—10 working days—require rapid internal governance and reporting processes (Conditions 5 and 6).","Obligation to notify regulatory activity by TEQSA or other regulators and any Australian Consumer Law/fair trading matters introduces ongoing external-reporting linkage (Conditions 7 and 8).","Monthly data reporting requirement for two years from approval imposes frequent compliance and data‑management burdens (Condition 9).","Legal authority and administrative discretion drawn from multiple Higher Education Support Act provisions (sections 16-25, 16-50, 16-60, 16-55) and the Legislation Act 2003 affects commencement and enforcement mechanics (header and final paragraph).","Dependence on external assurance (qualified auditor/public accountant) increases third‑party compliance costs and evidentiary requirements (Condition 4b)."],"plain_english_summary":"Approves Health Education and Training Institute as a higher education provider under the Higher Education Support Act 2003 and attaches conditions governing its financial arrangements, reporting and governance. It affects the Institute, its related entities and the administering department by creating ongoing obligations: annual audited financial statements and tax compliance declarations, limits on guarantees and asset security, rapid notification of material events and regulatory actions, and monthly data reporting for two years—measures intended to manage financial risk and monitor compliance."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument issued under specific statutory powers (sections 16-25, 16-50, 16-60 of the Higher Education Support Act 2003). It does not represent legislation that has evolved beyond original intent; rather, it is a routine executive decision document performing exactly the function intended by the parent Act—approving specific providers with tailored conditions."},"complexity_factors":["Single-purpose administrative instrument (approval notice) with straightforward structure","9 numbered conditions with clear, direct language","Minimal cross-referencing (only references to specific sections of the Higher Education Support Act 2003 and Corporations Act for one defined term)","One external statutory reference (section 50AAA of the Corporations Act 2001 for 'associated entity')","No nested exceptions or conditional logic beyond simple temporal requirements ('for the period of its approval', 'within 10 working days')","Standard administrative template format with predictable sections"],"plain_english_summary":"The Health Education and Training Institute has been approved as an Australian higher education provider, allowing it to deliver courses and access Commonwealth student funding (e.g., HELP).  \n\nThe approval carries strict conditions—focused on financial transparency, ongoing reporting and monitoring—to protect students and taxpayers by ensuring the Institute remains accountable, financially stable and subject to government oversight."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-1-of-2018","history":"/api/acts/higher-education-provider-approval-no-1-of-2018/history","analysis":"/api/acts/higher-education-provider-approval-no-1-of-2018/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-1-of-2018/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-1-of-2018/important-cases","documents":"/api/acts/higher-education-provider-approval-no-1-of-2018/documents"}}