{"id":"F2020L00256","name":"Higher Education Provider Approval No. 1 of 2020","slug":"higher-education-provider-approval-no-1-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100806,"registerId":"commonwealth-F2020L00256-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 2020","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 1 of 2020\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 Performing Arts Education Pty Ltd (ABN: 11 009 772 481, ACN: 009 772 481) as a higher education provider in accordance with section 16\\-25 of the Act;\n\n(b) impose conditions on the approval of Performing Arts Education Pty 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 Performing Arts Education Pty Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give Performing Arts Education Pty Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n1.  Performing Arts Education Pty Ltd must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.\n2.  Performing Arts Education Pty Ltd must maintain a positive equity position for the period of its approval.\n3.  Performing Arts Education Pty Ltd will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.\n4.  Performing Arts Education Pty 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.\n5.  Performing Arts Education Pty Ltd must provide the department responsible for administering the Higher Education Support Act 2003 with all required financial information as specified in the Financial Viability Instructions, on an annual basis by no later than 31 December each year for the period of its approval.\n6.  Performing Arts Education Pty Ltd must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting Performing Arts Education Pty Ltd or a related entity that may significantly affect the capacity of Performing Arts Education Pty 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.\n7.  Performing Arts Education Pty 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\n    8. Performing Arts Education Pty 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\n    9. Performing Arts Education Pty 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\n    10. Performing Arts Education Pty Ltd is only able to offer FEE-HELP loans in respect of the following courses:\n\n-   Bachelor of Screen and Stage (Acting)\n-   Bachelor of Screen and Stage (Screen Production)\n-   Bachelor of Screen and Stage (Song and Dance)\n\nShould Performing Arts Education Pty Ltd wish to offer FEE-HELP loans in respect of any other course approval must be granted by the appropriate delegate of the department responsible for administering the Higher Education Support Act 2003.\n\n11. Performing Arts Education Pty Ltd must provide the department with interim management reports, comprising a balance sheet and profit and loss statement attested to by a director, for the six month period ended 31 December and year ended 30 June each year. These statements must be provided within 4 weeks following the conclusion of the relevant period.\n\n12. Performing Arts Education Pty Ltd must provide the department with interim management reports, comprising a balance sheet and profit and loss statement attested to by a director, for the three month period ending 30 September 2020\\. These statements must be provided within 4 weeks following the conclusion of that period.\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 2020\n\nDamian Coburn  \nBranch Manager  \nHELP and Provider Integrity Branch\n\nDelegate of the Minister for Education, Skills and Employment","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument grants approval but materially narrows the practical scope of that approval by imposing financial, governance and reporting constraints and by limiting FEE-HELP to three specified degrees. Those conditions (Conditions 1–12, and FEE‑HELP limitation in Condition 10) transfer monitoring and compliance costs to the provider, restrict certain financing and related‑party activities, and require department approval for expanding student loan eligibility."},"complexity_factors":["Multiple ongoing financial requirements (current ratio ≥ 1.0, positive equity) creating continuous compliance monitoring.","Frequent and time-bound reporting obligations (annual by 31 Dec, interim management reports within 4 weeks, 10 working‑day notice for significant events).","Restrictions on related-party transactions and asset security, with an exception for commercial loans from recognised financial institutions.","Limit on FEE-HELP eligibility to three named courses, with further delegate approval required for others.","Cross-references to other legislation and definitions (Corporations Act s50AAA) and to external regulators (TEQSA, ACL), increasing regulatory interplay.","Delegated administrative discretion for imposing and enforcing conditions and for approving additional course access to FEE-HELP."],"plain_english_summary":"This decision approves Performing Arts Education Pty Ltd as a Commonwealth higher education provider under the Higher Education Support Act 2003 and attaches a set of conditions to that approval. It matters because the conditions control the provider’s finances, reporting and the courses for which students can access FEE‑HELP, shifting ongoing monitoring and compliance obligations onto the provider and creating decision points for the department."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument under the Higher Education Support Act 2003. It has not expanded beyond its original purpose of approving a specific provider with specific conditions. The scope is tightly constrained to Performing Arts Education Pty Ltd and three nominated courses."},"complexity_factors":["Straightforward administrative instrument with single purpose (approval of one provider)","12 numbered conditions, mostly operational/financial reporting requirements","Minimal cross-referencing (only references to Higher Education Support Act 2003, Corporations Act 2001, and Legislation Act 2003)","No defined terms section (only one term defined inline: 'associated entity')","Simple conditional logic (mostly 'must' obligations with timeframes)","Single subject matter (one company, three specific courses)"],"plain_english_summary":"Performing Arts Education Pty Ltd is approved as a registered higher education provider, allowing it to offer university-level acting and screen production courses and to access FEE‑HELP loans for three specified programs. The approval carries strict financial, reporting and transparency conditions to protect students and taxpayers and suggests the government is monitoring the provider’s stability closely. This matters to prospective students, the company itself, and regulators overseeing quality and financial risk."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-1-of-2020","history":"/api/acts/higher-education-provider-approval-no-1-of-2020/history","analysis":"/api/acts/higher-education-provider-approval-no-1-of-2020/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-1-of-2020/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-1-of-2020/important-cases","documents":"/api/acts/higher-education-provider-approval-no-1-of-2020/documents"}}