{"id":"F2010L00640","name":"Higher Education Provider Approval (No. 2 of 2010)","slug":"higher-education-provider-approval-no-2-of-2010","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":123755,"registerId":"commonwealth-F2010L00640-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 2010)","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 2 of 2010\n\nApproval under section 16-25, decision under paragraph 16-50(1)(a), and notice of approval under paragraph 16-50(1)(b) of the Higher Education Support Act 2003 (HESA).\n\nI, Fiona Buffinton, a delegate of the Minister for Education for the purposes of sections 16-25 and 16-50 of the Higher Education Support Act 2003 (HESA):\n\n(a) approve the application of TCOL Ltd as a higher education provider in accordance with section 16-25 of HESA; and\n\n(b) note that this approval decides the application of TCOL Ltd as required by paragraph 16-50(1)(a) of HESA; and\n\n(c) hereby give TCOL Ltd written notice of my approval as required by paragraph 16-50(1)(b) of HESA.\n\nIn accordance with paragraph 16-55(2)(b) of HESA, the notice takes effect on the first day (other than a Saturday, Sunday, or public holiday in Sydney, Australia) after the last day on which a resolution disallowing the notice could be passed; or the completion date, defined as when TCOL Ltd is in receipt of the trust property from College of Law Pty Ltd, whichever is the later.\n\nDated this …………..5th…………. day of …………March………………………….. 2010\n\n(signed)\n\nSigned…………………….……………………………………..\n\nFiona Buffinton\n\nGroup Manager\n\nHigher Education Group\n\nDepartment of Education, Employment and Workplace Relations\n\nDelegate of the Minister for Education","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific administrative approval instrument made under existing legislation. It does not alter the scope of the Higher Education Support Act 2003 itself; it merely applies the existing statutory framework to approve one particular provider (TCOL Ltd)."},"complexity_factors":["Single administrative decision with straightforward conditional commencement (two alternative triggers)","Only 3 defined statutory references (sections 16-25, 16-50, 16-55 of HESA)","No nested exceptions or complex conditional logic","Standard template format for ministerial delegate approvals","Length: approximately 200 words"],"plain_english_summary":"TCOL Ltd has been approved as a higher education provider under the Higher Education Support Act 2003, enabling it to offer university-level courses and access Commonwealth student-assistance schemes (such as HELP). The approval was signed by Fiona Buffinton for the Minister for Education and takes effect only after the parliamentary disallowance period or when TCOL receives trust property from College of Law Pty Ltd, whichever is later."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument grants approval to a specific applicant under existing HESA authority and sets the practical commencement condition; it does not change HESA’s substantive scope, eligibility criteria or regulatory framework. It implements an administrative decision (s16-25, s16-50) and specifies the effective date mechanism (s16-55(2)(b))."},"complexity_factors":["Approval and notice are exercises under HESA provisions cited in the instrument (approval under s16-25; decision and notice under s16-50).","Effective date is conditional: the later of the end of the disallowance period or the ‘completion date’ tied to receipt of trust property (reference to s16-55(2)(b)).","Dependency on a transfer of trust property from College of Law Pty Ltd creates an external commercial condition for commencement.","Administrative formality: a named delegate signs the notice, limiting the instrument to an individual approval rather than a policy change.","No amendments to substantive HESA eligibility or funding rules are made by this instrument; it operates as an administrative implementation step."],"plain_english_summary":"This notice records that a delegate of the Minister has approved TCOL Ltd as a higher education provider under the Higher Education Support Act 2003 and has given written notice of that decision.\n\nThe approval takes effect after the parliamentary disallowance period or when TCOL receives trust property from College of Law Pty Ltd, whichever is later. It makes TCOL subject to HESA provider rules and moves regulatory compliance, reporting obligations, and any benefits or liabilities tied to provider status onto TCOL."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-2-of-2010","history":"/api/acts/higher-education-provider-approval-no-2-of-2010/history","analysis":"/api/acts/higher-education-provider-approval-no-2-of-2010/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-2-of-2010/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-2-of-2010/important-cases","documents":"/api/acts/higher-education-provider-approval-no-2-of-2010/documents"}}