{"id":"F2005L02575","name":"Higher Education Provider Approval (No. 10 of 2005)","slug":"higher-education-provider-approval-no-10-of-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":37335,"registerId":"commonwealth-F2005L02575-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 10 of 2005)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 10 of 2005)\n\nApproval and notice of approval pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003.\n\nI, COLIN WALTERS, of the Department of Education, Science and Training, acting as a delegate pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003 (‘the HESA’) hereby approve and give notice of approval of the following body corporate as a Higher Education Provider:\n\nPerth Institute of Business and Technology Pty Ltd\n\nIn accordance with section 16-55 of the HESA and subsection 12(3), of the Legislative Instruments Act 2003, this approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.\n\nInformation as is specified in the Higher Education Provider Guidelines as information that must be provided to an applicant upon approval as a higher education provider is set out in Attachment 1 to this notice. Attachment 1 forms part of the contents of this notice.\n\nDated this ………8……………day of ………September……………2005\n\nCOLIN WALTERS\n\nGroup Manager, Higher Education Group\n\nDepartment of Education, Science and Training\n\n  \nAttachment 1\n\nINFORMATION REGARDING HIGHER EDUCATION PROVIDERS’ OBLIGATIONS IN RELATION TO THE QUALITY AND ACCOUNTABILITY REQUIREMENTS UNDER THE HIGHER EDUCATION SUPPORT ACT 2003 (‘the HESA’)\n\nIn accordance with subsection 16-50(4) of the HESA and Chapter 5 of the Higher Education Provider (HEP) Guidelines, the following information is provided to an approved Higher Education Provider (HEP) regarding its obligations under the quality and accountability requirements:\n\nFinancial Viability Requirements (Subdivision 19-B of the Act)\n\n-   A HEP must meet the financial viability requirements set out in Subdivision 19-B of the HESA\\*.\n\nQuality Requirements(Subdivision 19-C of the Act)\n\n-   A HEP must meet the quality requirements set out in Subdivision 19-C of the HESA\\* and must comply with the requirements of the Higher Education Provider Guidelines\\*\\*.\n\nFairness Requirements (Subdivision 19-D of the Act)\n\n-   A HEP must meet the fairness requirements set out in Subdivision 19-D of the HESA\\* and must comply with the requirements of the Higher Education Provider Guidelines\\*\\*.\n\nCompliance Requirements (Subdivision 19-E of the Act)\n\n-   A HEP must meet the compliance requirements set out in Subdivision 19-E of the HESA\\* and must comply with the requirements of the HESA, the regulations and relevant guidelines.\n\nContribution and fee requirements – subdivision 19F of the HESA\n\n-   A HEP must meet the contribution and fee requirements set out in Subdivision 19-F of the HESA\\* and must comply with the requirements of the Higher Education Provider Guidelines\\*\\* and the Commonwealth Grant Scheme Guidelines\\*\\*.\n\nNOTE: Subject to the passage of legislation, the criteria that are currently set out in the Commonwealth Grant Scheme Guidelines\\*\\* for determining incidental fees will be moved to the Higher Education Provider Guidelines\\*\\*.\n\n\\* The HESA is available at: http://[www.comlaw.gov.au](http://www.comlaw.gov.au)\n\n\\*\\* The Higher Education Provider Guidelines and the Commonwealth Grant Scheme Guidelines are available at: [http://www.backingaustraliasfuture.gov.au/guidelines/hep\\_guide.htm](http://www.backingaustraliasfuture.gov.au/guidelines/hep_guide.htm)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument grants approval to a named body as a HESA-recognised provider and records the statutory obligations that attach to that approval. It does not amend the Act or expand the statutory scope; it relies on existing HESA provisions and external guidelines to define ongoing requirements and compliance."},"complexity_factors":["Administrative approval instrument with a single named beneficiary (low substantive change).","Multiple statutory cross-references (Subdivisions 19-B to 19-F of the HESA) require checking external legislation for detail.","Reliance on external guidelines (Higher Education Provider Guidelines; Commonwealth Grant Scheme Guidelines) for operative requirements and incidental-fee criteria.","Effectiveness tied to procedural timing under the Legislative Instruments Act (disallowance period), creating a timing dependency.","Delegated decision-making (delegate signature) introduces administrative discretion but no new legal tests in the instrument itself.","Attachment summarises obligations but does not specify assessment metrics or reporting formats, requiring reference to other instruments for compliance details.","A note about pending legislative movement of incidental-fee criteria introduces a contingent change to implementation rules."],"plain_english_summary":"This instrument formally approves Perth Institute of Business and Technology Pty Ltd as a higher education provider under the Higher Education Support Act 2003. The approval, signed by a departmental delegate, takes effect after the parliamentary disallowance period.\n\nThe notice includes Attachment 1, which lists the provider’s core obligations: to meet the Act’s financial viability, quality, fairness, compliance and contribution/fee rules and to follow the relevant Higher Education Provider and Commonwealth Grant Scheme Guidelines."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific administrative approval instrument issued under the Higher Education Support Act 2003. It has not expanded beyond its original purpose, which was to approve a single named entity (Perth Institute of Business and Technology Pty Ltd) as a Higher Education Provider. The scope remains tightly confined to this specific delegation decision."},"complexity_factors":["Single-purpose administrative instrument (approval of one specific provider)","No defined terms section – relies entirely on definitions in the parent Act (Higher Education Support Act 2003)","Minimal conditional logic – essentially a straightforward delegation exercise","Cross-references are limited to obvious parent Act provisions (sections 16-50, 16-55) and standard disallowance provisions","Attachment 1 is a simple bullet-point summary of existing obligations rather than creating new substantive law","Document length is approximately 1 page of substantive content plus standard administrative boilerplate"],"plain_english_summary":"Perth Institute of Business and Technology Pty Ltd has been approved as a Higher Education Provider under the Higher Education Support Act 2003, allowing it to deliver university-level courses and access Commonwealth funding including HELP loans. The approval requires the provider to demonstrate financial viability, meet quality and student‑fairness standards, comply with relevant laws, and follow government fee rules — effectively licensing it to offer government‑subsidised higher education to Australian students."},"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-10-of-2005","history":"/api/acts/higher-education-provider-approval-no-10-of-2005/history","analysis":"/api/acts/higher-education-provider-approval-no-10-of-2005/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-10-of-2005/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-10-of-2005/important-cases","documents":"/api/acts/higher-education-provider-approval-no-10-of-2005/documents"}}