{"id":"F2006L00450","name":"Higher Education Provider Approval (No. 2 of 2006)","slug":"higher-education-provider-approval-no-2-of-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":117145,"registerId":"commonwealth-F2006L00450-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 2 of 2006)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No. 2 of 2006)\n\nApproval and notice of approval pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003.\n\nI, LOIS SPARKES, 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\nSAE Investments (Aust) 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 7th day of February 2006.\n\nLOIS SPARKES\n\nActing Group Manager\n\nHigher Education Group\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 19F 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":{"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 higher education provider and notifying them of their obligations."},"complexity_factors":["Very short document (approximately 1.5 pages of substantive content)","Only one substantive decision: approval of a single named entity","Minimal defined terms (only 'HESA' and 'HEP' as abbreviations)","No conditional logic or nested exceptions","Simple structure: approval instrument + attachment listing general obligations","Cross-references are purely informational (pointing to external guidelines and legislation) rather than operative"],"plain_english_summary":"This document formally approves SAE Investments (Aust) Pty Ltd to operate as a higher education provider in Australia, allowing it to offer university-level courses and access Commonwealth student funding (including HELP). The approval was signed by Lois Sparkes under the Higher Education Support Act 2003.\n\nThe company must meet ongoing obligations on financial viability, educational quality, student fairness, legal compliance, and proper handling of fees and government contributions — the approval is effectively its licence to operate."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not change the statutory scope of the Higher Education Support Act 2003. It grants approval to a single corporate entity and supplies the statutorily required information about the provider's obligations; it does not alter or expand the Act's substantive requirements or the range of entities covered."},"complexity_factors":["Cross-references to multiple statutory provisions: delegate power under subsection 16-50(1) and timing under section 16-55 of the HESA and s12(3) of the Legislative Instruments Act 2003.","Attachment relies on Subdivisions 19-B to 19-F of the HESA for substantive obligations (financial viability; quality; fairness; compliance; contribution and fee requirements).","Material procedural detail is delegated to external Higher Education Provider Guidelines, creating reliance on non-legislative instruments for operational rules.","Administrative discretion: approval is exercised by an authorised delegate (acting under subsection 16-50(1)), which raises questions about internal decision processes and record-keeping.","Compliance burden concentrated on the approved provider: ongoing statutory and guideline-driven obligations and reporting duties reference multiple legal sources.","Legal effect timing tied to the parliamentary disallowance period, which affects when obligations and rights crystallise."],"plain_english_summary":"This instrument formally registers SAE Investments (Aust) Pty Ltd as an approved higher education provider under the Higher Education Support Act 2003. The approval is made by a departmental delegate and takes legal effect after the parliamentary disallowance period.\n\nOnce approved, the company must meet statutory requirements for financial viability, quality, fairness, compliance and contributions/fees (the HESA Subdivisions cited) and follow the Higher Education Provider Guidelines, creating ongoing regulatory and reporting obligations for the provider."},"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-2-of-2006","history":"/api/acts/higher-education-provider-approval-no-2-of-2006/history","analysis":"/api/acts/higher-education-provider-approval-no-2-of-2006/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-2-of-2006/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-2-of-2006/important-cases","documents":"/api/acts/higher-education-provider-approval-no-2-of-2006/documents"}}