{"id":"F2021L00747","name":"Higher Education Provider Approval No 1 of 2021","slug":"higher-education-provider-approval-no-1-of-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101904,"registerId":"commonwealth-F2021L00747-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 2021","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nHigher Education Provider Approval No 1 of 2021\n\nmade under sections 16-25, 16-50 and 16-60 of the\n\nHigher Education Support Act 2003\n\nCompilation No. 1\n\nCompilation date: 10 September 2022\n\nIncludes amendments up to: F2022L01190\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Higher Education Provider Approval No 1 of 2021 that shows the text of the law as amended and in force on 10/09/2022 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nNOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 1 of 2021\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 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 the Ozford Institute of Higher Education Pty Ltd (ABN: 33 165 694 351, ACN: 165 694 351) as a higher education provider in accordance with section 16-25 of the Act;\n\n(b) impose conditions on the approval of the Ozford Institute of Higher 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 the Ozford Institute of Higher Education Pty Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give the Ozford Institute of Higher Education Pty Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n1.  Ozford Institute of Higher Education Pty Ltd must achieve and maintain adequate liquidity levels as measured by a current ratio of 1.0 or above within three years of the date of its approval and for the period of its approval thereafter.\n2.  Ozford Institute of Higher Education Pty Ltd must achieve and maintain a positive equity position within three years of the date of its approval and for the period of its approval thereafter.\n3.  Ozford Institute of Higher 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.  Ozford Institute of Higher 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.  Ozford Institute of Higher 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.  Ozford Institute of Higher Education Pty Ltd must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting Ozford Institute of Higher Education Pty Ltd or a related entity that may significantly affect the capacity of Ozford Institute of Higher 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.  Ozford Institute of Higher 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. Ozford Institute of Higher 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. Ozford Institute of Higher 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  \n\nDate: 8 June 2021\n\nDamian Coburn  \nAssistant Secretary  \nHELP and Provider Integrity Branch\n\nDelegate of the Minister for Education, Skills and Employment\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | orig = original                     |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | par = paragraph(s)/subparagraph(s)  |\n| amdt = amendment                               | /sub‑subparagraph(s)                |\n| c = clause(s)                                  | pres = present                      |\n| C[x] = Compilation No. x                       | prev = previous                     |\n| Ch = Chapter(s)                                | (prev…) = previously                |\n| def = definition(s)                            | Pt = Part(s)                        |\n| Dict = Dictionary                              | r = regulation(s)/rule(s)           |\n| disallowed = disallowed by Parliament          | reloc = relocated                   |\n| Div = Division(s)                              | renum = renumbered                  |\n| exp = expires/expired or ceases/ceased to have | rep = repealed                      |\n| effect                                         | rs = repealed and substituted       |\n| F = Federal Register of Legislation            | s = section(s)/subsection(s)        |\n| gaz = gazette                                  | Sch = Schedule(s)                   |\n| LA = Legislation Act 2003                      | Sdiv = Subdivision(s)               |\n| LIA = Legislative Instruments Act 2003         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n| o = order(s)                                   | commenced or to be commenced        |\n| Ord = Ordinance                                |                                     |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                | Registration                    | Commencement      | Application, saving and transitional provisions |\n| ----------------------------------------------------------------------------------- | ------------------------------- | ----------------- | ----------------------------------------------- |\n| Higher Education Provider Approval No 1 of 2021                                     | 11 June 2021 (F2021L00747)      | 12 June 2021      |                                                 |\n| Higher Education Provider Approvals (Nos 1 and 2 of 2021) Amendment Instrument 2022 | 09 September 2022 (F2022L01190) | 10 September 2022 |                                                 |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected | How affected   |\n| ------------------ | -------------- |\n| s 8                | rs F2022L01190 |\n| commencement text  | rep LA s 48D   |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument is an approval decision for one named provider with bespoke conditions imposed under sections 16-25, 16-50 and 16-60 of the Higher Education Support Act 2003. It does not amend the Act or change the statutory scope; it instead exercises existing delegated approval powers to grant and condition provider status."},"complexity_factors":["Multiple specified financial conditions requiring metric targets and timelines (Conditions 1–2: current ratio ≥1.0 within three years; maintain positive equity).","Restrictions on related-party financial arrangements and asset security (Conditions 3–4; Condition 4 references Corporations Act s 50AAA for 'associated entity').","Reporting obligations with fixed deadlines and event-notice windows (Condition 5: annual financial returns by 31 December; Conditions 6–7: written notice within 10 working days).","Dependence on an external instrument for report content (Condition 5 references the 'Financial Viability Instructions'), increasing compliance links outside the instrument text.","Open-ended timing language for some notices ('as soon as practicable' in Conditions 8–9) introduces administrative discretion and possible uncertainty about exact timeframes.","Decision and enforcement rest with a delegate under ss 16-25, 16-50 and 16-60 of the Act, creating administrative oversight and discretionary enforcement paths.","Instrument applies only to a single provider but creates ongoing monitoring across the approval period, concentrating compliance burden on that provider."],"plain_english_summary":"This instrument approves Ozford Institute of Higher Education Pty Ltd as a higher education provider under the Higher Education Support Act 2003 and attaches nine conditions (Conditions 1–9). The conditions require financial thresholds (liquidity and equity within three years), restrict guarantees and asset security, and impose regular and event-driven reporting to the Commonwealth department. It affects Ozford (who bears compliance costs and must change financial behaviour if needed) and the department (which gains ongoing supervisory information), and is made by a delegated Ministerial officer under ss 16-25, 16-50 and 16-60."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument made under specific sections of the Higher Education Support Act 2003. It has not expanded beyond its original purpose of approving a single higher education provider with attached conditions. The 2022 amendment (F2022L01190) appears to be a minor technical update (substituting section 8 regarding commencement provisions) rather than a scope expansion."},"complexity_factors":["Single-purpose administrative instrument (approval of one specific provider)","Only 9 operative conditions, all clearly numbered and expressed in plain language","Minimal cross-referencing (only references to sections 16-25, 16-50, 16-60 of the Higher Education Support Act 2003 and one reference to Corporations Act section 50AAA)","No defined terms section (only one external definition incorporated by reference)","No conditional logic, exceptions, or nested provisions","Straightforward procedural structure: approval + conditions + signature"],"plain_english_summary":"Ozford Institute of Higher Education has been approved to operate as a registered Australian higher education provider, allowing it to offer tertiary courses and access federal student loan schemes (e.g., HELP).  \n\nApproval carries strict conditions focused on financial viability (solvency, liquidity, limits on related-party loans and asset security) and timely reporting of finances, governance changes, and regulatory or consumer complaints — designed to protect students and taxpayers."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-1-of-2021","history":"/api/acts/higher-education-provider-approval-no-1-of-2021/history","analysis":"/api/acts/higher-education-provider-approval-no-1-of-2021/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-1-of-2021/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-1-of-2021/important-cases","documents":"/api/acts/higher-education-provider-approval-no-1-of-2021/documents"}}