{"id":"F2005L02576","name":"Higher Education Provider Approval (No. 11 of 2005)","slug":"higher-education-provider-approval-no-11-of-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":37339,"registerId":"commonwealth-F2005L02576-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 11 of 2005)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No. 11 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\nColleges of Business and Technology (WA) Pty Ltd\n\ntrading as Curtin International College\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 does not broaden the statutory scope beyond its original, routine purpose: to approve a named body as a Higher Education Provider under the HESA. It does not add novel regulatory obligations beyond those already present in HESA and its subordinate guidelines; instead it imports those existing obligations by reference and notifies the approved entity of them."},"complexity_factors":["Short, single-purpose instrument (approval of one named entity)","Multiple external cross-references to the HESA (subdivisions 19-B to 19-F) rather than restating substantive rules","Reference to the Higher Education Provider Guidelines and Commonwealth Grant Scheme Guidelines (external, detailed documents)","Effectiveness tied to the legislative disallowance period (interaction with Legislative Instruments Act provisions)","Attachment lists categories of obligations but omits detailed criteria, increasing reliance on other instruments for precise compliance requirements","A noted impending change (transfer of incidental-fee criteria between guidelines) which adds transitional uncertainty"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This is a formal approval under the Higher Education Support Act 2003 (HESA). It names Colleges of Business and Technology (WA) Pty Ltd, trading as Curtin International College, as an approved Higher Education Provider (HEP).\n- The delegate named (a Department of Education official) grants the approval under subsection 16-50(1) of the HESA. The approval takes effect after the statutory disallowance period for legislative instruments (so it is not operative immediately but becomes effective once that short window for parliamentary disallowance closes).\n- The notice includes an Attachment that sets out the categories of legal obligations the approved provider must meet. Those obligations are largely stated by reference to specific parts (subdivisions) of the HESA and to government guidelines; the Attachment does not restate those rules in full.\n\n**Who is directly affected\n\n- The approved entity: Colleges of Business and Technology (WA) Pty Ltd (trading as Curtin International College). Approval changes that entity’s legal status under the HESA framework.\n- The Department (and any delegated officers): they gain/retain regulatory oversight powers and monitoring responsibilities under HESA for this provider.\n- Indirectly affected parties include students (because approval links the provider to HESA-regulated funding and student-assistance arrangements, subject to other eligibility tests) and other higher-education providers (because a newly approved provider alters the set of institutions subject to HESA rules).\n\n**Key obligations (summarised)\n\n- Financial viability: the provider must meet the financial viability requirements in Subdivision 19-B of HESA (meaning it must satisfy statutory tests about solvency, reporting and financial integrity — the instrument refers you to the Act for details).\n- Quality: the provider must meet the quality requirements in Subdivision 19-C of HESA and follow the Higher Education Provider Guidelines (these cover academic standards, quality assurance and related matters).\n- Fairness: the provider must meet the fairness requirements in Subdivision 19-D of HESA (covering student-consumer protections, complaints handling and similar obligations).\n- Compliance: the provider must meet the compliance requirements in Subdivision 19-E of HESA and comply with the Act, regulations and relevant guidelines.\n- Contributions and fees: the provider must meet the contribution and fee requirements in Subdivision 19-F of HESA and follow the Higher Education Provider Guidelines and the Commonwealth Grant Scheme Guidelines (these govern what fees may be charged and how Commonwealth funding arrangements interact with them).\n\n**Why this matters (purpose claim and practical effects)\n\n- The instrument’s stated purpose is to make the named body a HEP under HESA so it falls within the statutory regime that governs funding eligibility, student assistance schemes and regulatory oversight. That is the legal effect: the provider is formally brought within the HESA framework and required to comply with the related statutory rules.\n- Practical effects for the provider: becoming a HEP imposes ongoing compliance costs (financial reporting, quality assurance, student-protection processes, fee disclosure rules) and subjects the provider to oversight and possible sanctions for non-compliance. It also opens the possibility of participation in HESA-linked programs (grants, Commonwealth-subsidised places, student-assistance schemes), subject to meeting those separate eligibility tests.\n- Who pays / who benefits: compliance costs are borne by the provider (and likely pass through partially to students via fees or administrative changes). The Commonwealth (and taxpayers) incur the administrative cost of oversight and any funding the provider may later receive. Benefits (if any) from increased student choice or additional places are diffuse; regulatory scrutiny and eligibility controls remain concentrated in the administering Department.\n\n**Trade-offs, incentives and implementation notes\n\n- Incentives: approval creates an incentive for the provider to maintain systems that satisfy HESA’s financial, quality and fairness tests to keep access to any HESA-linked funding or student-assistance schemes. It also provides a reputational signal (approved under HESA), which may affect student demand.\n- Compliance burden and discretion: the instrument delegates the detailed content of many obligations to the HESA text and to subordinate guidelines. That reduces the length of the instrument but increases operational dependence on cross-referenced rules and on the Department’s administration of those guidelines.\n- Implementation risk / uncertainty: the Attachment notes one pending legislative move (transferring incidental-fee criteria from the Commonwealth Grant Scheme Guidelines to the Higher Education Provider Guidelines). That indicates some details may change and the provider must monitor both primary legislation and subordinate instruments.\n\n**Bottom line (mechanical effect)\n\n- This instrument legally makes Curtin International College an approved Higher Education Provider under HESA and informs that provider it must comply with specified HESA subdivisions and associated guidelines. It does not itself set out the substantive tests in full; rather it imports them by reference to the Act and to the Department’s guidelines."},"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":2,"scope_assessment":{"changed":false,"description":"This is a specific administrative approval instrument issued under the Higher Education Support Act 2003. It represents the standard, original purpose of such instruments - to approve individual bodies corporate as higher education providers. There is no indication of scope creep; it precisely matches the intended function of subsection 16-50(1) of the HESA."},"complexity_factors":["Single-purpose administrative instrument (approval of one specific provider)","Minimal conditional logic - primarily declarative statements of approval","Only 1 defined term referenced from parent Act (HESA)","Simple structure: approval clause + attachment listing obligations","No nested exceptions or complex cross-referencing beyond standard legislative instrument references","Length: approximately 1 page of substantive content plus standard attachment"],"plain_english_summary":"Colleges of Business and Technology (WA) Pty Ltd, trading as Curtin International College, has been formally approved as an Australian Higher Education Provider. This allows the college to offer higher education courses and access Commonwealth funding programs (including HELP loans and Commonwealth grants).\n\nThe approval also imposes strict obligations—financial viability, educational quality, fair treatment of students, legal compliance, and rules on fees—so students can access subsidised places and loans while the provider is held to account."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-11-of-2005","history":"/api/acts/higher-education-provider-approval-no-11-of-2005/history","analysis":"/api/acts/higher-education-provider-approval-no-11-of-2005/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-11-of-2005/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-11-of-2005/important-cases","documents":"/api/acts/higher-education-provider-approval-no-11-of-2005/documents"}}