{"id":"F2019L00178","name":"Higher Education Provider Approval No. 1 of 2019","slug":"higher-education-provider-approval-no-1-of-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98816,"registerId":"commonwealth-F2019L00178-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 2019","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 1 of 2019\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 National Institute of Organisation Dynamics Australia Ltd (ABN: 97 897 654 659, ACN: 607 032 888) as a higher education provider in accordance with section 16\\-25 of the Act;\n\n(b) impose conditions on the approval of National Institute of Organisation Dynamics Australia Ltd 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 National Institute of Organisation Dynamics Australia Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give National Institute of Organisation Dynamics Australia Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n    National Institute of Organisation Dynamics Australia Ltd must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.\n    National Institute of Organisation Dynamics Australia Ltd must maintain a positive equity position for the period of its approval.\n    National Institute of Organisation Dynamics Australia Ltd must not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.\n    National Institute of Organisation Dynamics Australia Ltd 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    National Institute of Organisation Dynamics Australia Ltd must, on an annual basis for the period of its approval, by no later than 30 June each year, provide the department responsible for administering the Higher Education Support Act 2003 with:\n\n    a) a financial statement that complies with section 19-10 of the Higher Education Support Act 2003; and\n    b) a declaration by an external and independent public accountant or qualified auditor that National Institute of Organisation Dynamics Australia Ltd 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\n    6. National Institute of Organisation Dynamics Australia Ltd must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting National Institute of Organisation Dynamics Australia Ltd or a related entity that may significantly affect the capacity of National Institute of Organisation Dynamics Australia Ltd 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    7. National Institute of Organisation Dynamics Australia Ltd 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    8. National Institute of Organisation Dynamics Australia Ltd 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    9. National Institute of Organisation Dynamics Australia Ltd 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    10. National Institute of Organisation Dynamics Australia Ltd must report student data into HEIMS 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 21 February 2019\n\nDamian Coburn  \nBranch Manager  \nHELP and Provider Integrity Branch\n\nDelegate of the Minister for Education and Training","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not amend or expand the statutory scope of the Higher Education Support Act 2003. It exercises the Act's established approval powers (ss.16-25, 16-60) to grant approval to a named entity and to impose conditions applicable to that entity for the approval period; it therefore limits application to one provider rather than changing the Act's scope."},"complexity_factors":["Approval is exercised by delegation using specific Act powers (ss.16-25, 16-50, 16-60) rather than by primary legislation, adding procedural formalities.","Ongoing financial conditions: current ratio >= 1.0 and positive equity required for the approval period (Conditions 1–2).","Restrictions on related-party guarantees and asset security reference corporate relationships and an external statutory definition ('associated entity' per Corporations Act s50AAA) (Conditions 3–4).","Annual reporting and external assurance obligations: financial statement complying with s19-10 and auditor/accountant declaration of tax and statutory compliance create recurring audit costs and reliance on third-party certification (Condition 5).","Short notification windows for material events and governance changes (10 working days) create tight compliance timelines for the provider (Conditions 6–7).","Obligations to report regulatory activity (TEQSA and consumer law) and to advise 'as soon as practicable' introduce discretionary judgment about what must be reported and when (Conditions 8–9).","Operational reporting: monthly HEIMS student-data reporting for two years imposes ongoing administrative data burden (Condition 10).","The instrument confines obligations to a single provider; enforcement mechanisms and consequences for non-compliance are not detailed in the notice, requiring reference to the Act for remedial powers."],"plain_english_summary":"**What this does:** Approves National Institute of Organisation Dynamics Australia Ltd as a Commonwealth higher‑education provider and attaches conditions under the Higher Education Support Act 2003 (ss.16‑25, 16‑60).\n\n**Who it affects:** The provider must meet liquidity and equity tests, limit guarantees and asset security, supply annual audited financial and tax‑compliance statements, notify governance or significant financial events within 10 working days, and report student data monthly for two years. The obligations shift compliance costs to the provider and give the department ongoing monitoring discretion."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a specific administrative approval under existing legislation, not an amendment to the Higher Education Support Act itself. The scope remains exactly as intended: granting approval to a specific provider with standard conditions to ensure financial viability and regulatory compliance."},"complexity_factors":["Single-purpose administrative instrument (approval notice) rather than substantive legislation","10 specific conditions but all are straightforward operational requirements","References to external legislation (Higher Education Support Act 2003, Corporations Act 2001, Legislation Act 2003) but only for definitions and procedural requirements","No nested exceptions or complex conditional logic","Clear structure: approval grant followed by numbered conditions","Standard financial and reporting conditions typical of education provider approvals"],"plain_english_summary":"The government has approved National Institute of Organisation Dynamics Australia Ltd to operate as a higher education provider under the Higher Education Support Act 2003, allowing it to offer courses and access student HELP funding.  \n\nApproval is conditional on strict financial health, limits on risky transactions, regular audited and monthly student reporting, and rapid notification of material changes — safeguards meant to protect students and public funds and which may be revoked if breached."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-1-of-2019","history":"/api/acts/higher-education-provider-approval-no-1-of-2019/history","analysis":"/api/acts/higher-education-provider-approval-no-1-of-2019/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-1-of-2019/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-1-of-2019/important-cases","documents":"/api/acts/higher-education-provider-approval-no-1-of-2019/documents"}}