{"id":"F2009L01062","name":"Higher Education Provider Approval (No. 2 of 2009)","slug":"higher-education-provider-approval-no-2-of-2009","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121795,"registerId":"commonwealth-F2009L01062-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 2009)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No 2 of 2009)\n\nApproval pursuant to section 16-25 and notice of approval pursuant to paragraph 16-50(1)(b).\n\nI, FIONA BUFFINTON, a delegate of the Minister for Education for the purposes of section 16-25 of the Higher Education Support Act 2003 (‘the HESA’) have approved the Canberra Institute of Technology as a higher education provider under that section of the HESA, and:\n\na) note that the application of the Canberra Institute of Technology for approval as a higher education provider has thereby been decided as required by paragraph 16-50(1)(a) of the HESA; and\n\nb) pursuant to paragraph 16-50(1)(b) of the HESA give notice of my approval to the Canberra Institute of Technology.\n\nIn accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, this notice of approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing it.\n\nDated this 12 day of March 2009\n\n(Signed)\n\nFIONA BUFFINTON\n\nGroup Manager, Higher Education Group\n\nDepartment of Education, Employment and Workplace Relations","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument with a single, specific purpose. It has not expanded beyond its original intent of approving one named institution as a higher education provider."},"complexity_factors":["Single-purpose administrative instrument (only approves one specific institution)","No defined terms section - relies entirely on definitions in the parent Act","Minimal conditional logic (only standard legislative instrument commencement provisions)","Short length (approximately 200 words)","Straightforward procedural structure following statutory template","Only two operative paragraphs (a) and (b) plus standard commencement clause"],"plain_english_summary":"The instrument formally approves the Canberra Institute of Technology as a higher education provider, allowing it to offer bachelor-level and higher qualifications and to access Commonwealth student support (for example, HELP loans). Made by a senior education official under the Higher Education Support Act 2003, the approval expands local degree options, lets CIT compete with universities, and enables receipt of government funding."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not change the statutory scope of the Higher Education Support Act; it records and gives formal notice of the approval of a single entity (Canberra Institute of Technology) as a higher education provider and sets the timing for when that approval takes effect under the statutory disallowance mechanism. It does not amend eligibility criteria, obligations, or the Act itself."},"complexity_factors":["Delegated administrative decision: approval is made by a Ministerial delegate (reference: section 16-25 of the HESA).","Multiple statutory cross-references: instrument relies on sections 16-25, 16-50(1)(a) and (b), 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, which requires checking procedural timing and effect.","Temporal effect mechanism: operation depends on the parliamentary disallowance period rather than an immediate date, adding a procedural timing dependency.","Minimal substantive content: the instrument records an approval and notice but contains no funding, conditions, performance requirements, or ongoing obligations—substantive rules and criteria are located in the HESA itself.","Low operational complexity but high legal linkage: simple form and outcome, but its legal effect is determined by external statutory provisions and parliamentary procedure."],"plain_english_summary":"*This instrument approves the Canberra Institute of Technology as a higher education provider under the Higher Education Support Act 2003, records the delegate’s decision, and gives formal notice to the Institute.*\n\n*The approval becomes effective after the parliamentary disallowance period set out in the Act and the Legislative Instruments Act, and is signed by the departmental delegate who made the decision.*"}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-2-of-2009","history":"/api/acts/higher-education-provider-approval-no-2-of-2009/history","analysis":"/api/acts/higher-education-provider-approval-no-2-of-2009/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-2-of-2009/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-2-of-2009/important-cases","documents":"/api/acts/higher-education-provider-approval-no-2-of-2009/documents"}}