{"id":"F2006L03002","name":"Higher Education Provider Approval (No. 11 of 2006)","slug":"higher-education-provider-approval-no-11-of-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":60285,"registerId":"commonwealth-F2006L03002-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 11 of 2006)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No. 11 of 2006)\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\nInternational College of Management, Sydney Pty. Limited as Trustee for the ICTHM Trust\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\n(signed)\n\nCOLIN WALTERS\n\nGroup Manager, Higher Education Group\n\nDepartment of Education, Science and Training\n\nDated this……4………… day of……September…..2006\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 HESA)\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 HESA)\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 HESA)\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 HESA)\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 19\\-F 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. \\*\\*.\n\n\\* The HESA is available at: [http://www.comlaw.gov.au](http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/current/bytitle/64E9D819CA914E2CCA2570ED00046500?OpenDocument&mostrecent=1%20)\n\n\\*\\* The Higher Education Provider 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 confers approved-provider status on a named body corporate and incorporates existing statutory requirements by reference. It does not amend or expand the HESA framework; it applies the pre-existing obligations in Subdivisions 19-B to 19-F and the Higher Education Provider Guidelines to the approved entity."},"complexity_factors":["Cross-references to multiple HESA subdivisions (19-B to 19-F) rather than restating obligations in the instrument","Reliance on external Higher Education Provider Guidelines for operational detail","Delegated administrative decision (named departmental delegate) rather than parliamentary enactment","Attachment is incorporated into the instrument and creates binding obligations on the approved provider","Effective date and legal effect are determined by references to other legislation (s16-55 of HESA and Legislative Instruments Act)","Limited substantive content in instrument — it grants approval and points to rules elsewhere, requiring users to consult multiple sources"],"plain_english_summary":"This instrument formally approves International College of Management, Sydney Pty Limited as Trustee for the ICTHM Trust as a higher education provider under the Higher Education Support Act 2003. The approval is made by a delegated officer in the Department of Education and takes effect in accordance with the Act and the Legislative Instruments Act. \n\nAn attached schedule makes that approved provider subject to existing statutory obligations: financial viability, quality, fairness, compliance and contribution/fee rules in Subdivisions 19‑B to 19‑F of the HESA and the Higher Education Provider Guidelines. The provider carries the compliance and reporting costs; the Department has delegation to grant and monitor approval."},"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 straightforward administrative approval instrument exercising a specific delegated power under section 16-50 of the Higher Education Support Act 2003. It does exactly what the parent Act contemplates: approving a specific body corporate as a higher education provider and notifying them of their obligations. The scope has not expanded beyond the original statutory purpose."},"complexity_factors":["Very short document (2 pages including attachment)","Only 1 defined term ('the HESA' — Higher Education Support Act 2003)","No conditional logic or nested exceptions","Simple structure: approval declaration + standard information attachment","Cross-references are purely informational (pointing to external guidelines rather than creating legal dependencies within the instrument itself)","No operative provisions beyond the single approval decision"],"plain_english_summary":"The government has approved the International College of Management, Sydney as a higher education provider, allowing it to offer FEE‑HELP and other government‑backed student loans. Students can now access federal financial assistance to study there, while the college becomes subject to ongoing rules on financial viability, educational quality, student treatment and reporting so the government can regulate and monitor it."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-11-of-2006","history":"/api/acts/higher-education-provider-approval-no-11-of-2006/history","analysis":"/api/acts/higher-education-provider-approval-no-11-of-2006/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-11-of-2006/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-11-of-2006/important-cases","documents":"/api/acts/higher-education-provider-approval-no-11-of-2006/documents"}}