{"id":"F2006L03336","name":"Higher Education Provider Approval (No. 14 of 2006)","slug":"higher-education-provider-approval-no-14-of-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":60731,"registerId":"commonwealth-F2006L03336-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 14 of 2006)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No. 14 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, delegate of the Minister for Education, Science and Training, for the purposes of subsection 16-50 (1) of the Higher Education Support Act 2003 (‘the HESA’) hereby:\n\n(a) approve the following body corporate as a higher education provider:\n\nBradford College Pty Ltd\n\n(b) give notice of that approval to that body corporate.\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\nIn accordance with subsection 16-50(4) of the HESA, information 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……3rd………….. day of……October……….. 2006\n\n(Signed)\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 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\\*\\* that are relevant to compliance with subdivision 19-C of the HESA.\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\\*\\* that are relevant to compliance with subdivision 19-D of the HESA.\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 and Guidelines made under section 238-10 of the HESA that are relevant to compliance with subdivision 19-E of the HESA.\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 Guidelines made under section 238-10 of the HESA that are relevant to compliance with subdivision 19-E of the HESA.\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":3,"scope_assessment":{"changed":false,"description":"This instrument applies the existing HESA approval regime to one corporate body and notifies it of the statutory obligations. It does not amend or extend the statutory scope: approval and the listed obligations are exercised under the Act and the Guidelines referenced in Attachment 1."},"complexity_factors":["Delegated approval mechanism: approval is given by a Department delegate and signed by the Group Manager (instrument, paras (a)–(b), signature block).","Deferred commencement by disallowance process: approval takes effect after the last day a House could disallow the notice (instrument, 'In accordance with section 16-55...').","Cross-references to multiple statutory subdivisions: Attachment 1 requires compliance with Subdivisions 19-B to 19-F of the HESA, each carrying distinct obligations (Attachment 1 lists Subdivisions 19-B–19-F).","Dependence on external Guidelines: compliance is tied to the Higher Education Provider Guidelines and to Guidelines made under section 238-10 of the HESA (Attachment 1 references the Guidelines), creating interpretive dependence on documents not reproduced in the instrument.","Default informational brevity: the instrument incorporates obligations by reference rather than restating them, leaving practical detail and administrative tests to the HESA and Guidelines (Attachment 1; see referenced HESA provisions).","Ongoing compliance burden on provider: the approved body must meet financial, quality, fairness, compliance, and fee/contribution requirements, implying continuing monitoring and reporting obligations (Attachment 1 references Subdivisions 19-B–19-F)."],"plain_english_summary":"This instrument formally approves Bradford College Pty Ltd as a higher education provider under the Higher Education Support Act 2003 and notifies the body. The approval becomes effective after the parliamentary disallowance period. Attachment 1 makes clear the approved provider must meet HESA requirements on financial viability, quality, fairness, compliance, and contribution/fee rules and must follow the Higher Education Provider Guidelines. The Department’s delegate decides approval; the approved provider bears the compliance and reporting burdens set out by the Act and Guidelines."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument exercising a specific power under section 16-50 of the Higher Education Support Act 2003. It has not expanded beyond its original purpose of approving a single provider and notifying them of their obligations. The scope remains tightly confined to the approval of Bradford College Pty Ltd."},"complexity_factors":["Single-purpose administrative instrument with straightforward structure","Only one substantive decision: approval of one named entity","Minimal defined terms (only 'HEP' as shorthand for Higher Education Provider)","No conditional logic or nested exceptions","References to external legislation (HESA) and guidelines but does not incorporate complex cross-referenced provisions directly","Standard template format used for hundreds of similar approvals"],"plain_english_summary":"Bradford College Pty Ltd has been officially approved to operate as a higher education provider in Australia, enabling it to offer university‑level courses and access Commonwealth funding (including HELP student loans). The approval, signed by Colin Walters as delegate of the Minister, requires the college to meet financial, quality, fairness and reporting obligations and takes effect after the parliamentary disallowance period."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-14-of-2006","history":"/api/acts/higher-education-provider-approval-no-14-of-2006/history","analysis":"/api/acts/higher-education-provider-approval-no-14-of-2006/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-14-of-2006/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-14-of-2006/important-cases","documents":"/api/acts/higher-education-provider-approval-no-14-of-2006/documents"}}