{"id":"F2006L03166","name":"Higher Education Provider Approval (No. 13 of 2006)","slug":"higher-education-provider-approval-no-13-of-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":60455,"registerId":"commonwealth-F2006L03166-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 13 of 2006)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No. 13 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\nHolmesglen Institute of TAFE\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……19th………… 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_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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not alter the legal scope of the Higher Education Support Act; it exercises an existing delegated power to approve a named body (Holmesglen Institute of TAFE) as a higher education provider and brings that body within HESA obligations (see subsection 16-50(1), section 16-55 and Attachment 1 referencing Subdivisions 19-B to 19-F)."},"complexity_factors":["Simple administrative form: single approval instrument rather than primary legislation or regulation.","Delegated decision-making under subsection 16-50(1) and effect timing tied to section 16-55 and the Legislative Instruments Act 2003.","Substantive obligations are incorporated by reference to multiple HESA subdivisions (19-B to 19-F) and external HEP Guidelines, requiring cross-reference to other documents.","Compliance burden lies with the approved provider (reporting, financial viability, quality, fairness, fee rules) — practical complexity for the provider rather than the instrument itself.","Interpretive reliance on external materials (HESA text and Guidelines) increases follow‑up work to determine exact duties."],"plain_english_summary":"This instrument formally approves Holmesglen Institute of TAFE as a higher‑education provider under the Higher Education Support Act 2003, issued by a departmental delegate and taking effect after the parliamentary disallowance period. Attachment 1 makes the provider subject to HESA obligations on financial viability, quality, fairness, compliance and contributions/fees and requires compliance with the Higher Education Provider Guidelines. Who decides: the named departmental delegate. Who pays/bears costs: the approved provider (compliance and reporting) and potentially students or taxpayers via fee and funding rules."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument issued under the Higher Education Support Act 2003. It performs exactly the function intended by section 16-50 of that Act – approving a specific body corporate as a higher education provider. There is no scope creep; it does not expand beyond the original statutory purpose of individual provider approvals."},"complexity_factors":["Single-purpose administrative instrument (only approves one specific provider)","Minimal conditional logic – essentially a straightforward delegation exercise","Only 5 defined obligations referenced by pointing to external legislation (HESA and Guidelines)","No nested exceptions or complex cross-referencing within the instrument itself","Length: approximately 1 page of substantive content plus standard attachment","Structure follows a simple template: delegation statement, approval, effective date, obligations list"],"plain_english_summary":"Holmesglen Institute of TAFE has been approved as a higher education provider, allowing it to offer university-level qualifications (including bachelor degrees) and access Commonwealth funding for students. \n\nThe approval requires Holmesglen to meet financial, quality, fairness and compliance obligations and to manage fees and government contributions correctly. It lets a TAFE compete with universities, expands student choice, and can make degree study more affordable through government subsidies."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-13-of-2006","history":"/api/acts/higher-education-provider-approval-no-13-of-2006/history","analysis":"/api/acts/higher-education-provider-approval-no-13-of-2006/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-13-of-2006/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-13-of-2006/important-cases","documents":"/api/acts/higher-education-provider-approval-no-13-of-2006/documents"}}