{"id":"F2016L00017","name":"Higher Education Provider Approval No. 2 of 2015","slug":"higher-education-provider-approval-no-2-of-2015","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":93924,"registerId":"commonwealth-F2016L00017-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval No. 2 of 2015","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 2 of 2015\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.\n\nI, Maryann Quagliata, a delegate of the Minister for Education for the purposes of sections 16-25 and 16-50 of the Higher Education Support Act 2003 (the Act):\n\n(a) approve the application of S P Jain School of Global Management Pty Limited (ACN: 36 11 567 ABN: 87 136 711 567) as a Higher Education Provider in accordance with section 16‑25 of the Act; and\n\n(b) impose conditions on the approval of S P Jain School of Global Management Pty Limited in accordance with section 16-60 of the Act; and\n\n(c) note that this approval decides the application of S P Jain School of Global Management Pty Limited as required by paragraph 16‑50(1)(a) of the Act; and\n\n(d) hereby give S P Jain School of Global Management Pty Limited written notice of my approval as required by paragraph 16‑50(1)(b) of the Act.\n\nConditions\n\n1.  S P Jain School of Global Management Pty Limited must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.\n2.  S P Jain School of Global Management Pty Limited must maintain a positive equity position for the period of its approval.\n3.  S P Jain School of Global Management Pty Limited will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.\n4.  S P Jain School of Global Management Pty Limited must not offer its assets as security for the benefit of any other person or entity including associated entities except as a consequence of any commercial loan arrangements with a recognised financial institution for the period of its approval. Associated entity has the meaning given by section 50AAA of the Corporations Act 2001.\n5.  S P Jain School of Global Management Pty Limited must provide the Department responsible for administering the Higher Education Support Act 2003 with all required financial information as specified in the Financial Viability Instructions, on an annual basis by no later than 30 September each year for the period of its approval. The audited financial statements included in this submission must be prepared in $AUD.\n6.  S P Jain School of Global Management Pty Limited must, in writing, advise the Department responsible for administering the Higher Education Support Act 2003 of any events affecting S P Jain School of Global Management Pty Limited or a related entity that may significantly affect the capacity of S P Jain School of Global Management Pty Limited to meet the quality and accountability requirements under the Act for the period of its approval. The written advice must be provided within 10 working days of the event occurring.\n7.  S P Jain School of Global Management Pty Limited must inform the Department responsible for administering the Higher Education Support Act 2003 in writing of changes to directors, company structure and/or its constitution for the period of its approval. The written advice must be provided within 10 working days of the event occurring.\n8.  S P Jain School of Global Management Pty Limited will provide the Department with consolidated financial statements for its parent entity, S P Jain Education FZ LLC - Dubai and its controlled entities, for the most recently ended financial period, by no later than 30 September each year for the period of its approval.\n9.  S P Jain School of Global Management Pty Limited must advise the department responsible for administering the Higher Education Support Act 2003 of any regulatory activity undertaken or being undertaken by the Tertiary Education Quality and Standards Agency (TEQSA) relating to non-compliance with the Threshold Standards of the Higher Education Standards Framework for five years from the date of approval.\n10.  S P Jain School of Global Management Pty Limited must advise the department responsible for administering the Higher Education Support Act 2003 of any regulatory activity that has been or is being undertaken in relation to Australian Consumer Law and/or fair trading laws for five years from the date of approval.\n11.  S P Jain School of Global Management Pty Limited must report data monthly for two years from the date of approval.\n\nIn accordance with paragraph 16‑55(2) of the Act this Notice of Approval commences on the day after it is registered on the Federal Register of Legislative Instruments.\n\nDated this 18th day of December 2015\n\nMaryann Quagliata\n\nBranch Manager\n\nDelegate of the Minister for Education","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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument under the Higher Education Support Act 2003. It serves its original purpose: granting specific approval to a specific provider with tailored conditions. There is no indication of scope creep beyond the standard regulatory function of provider approval."},"complexity_factors":["Single-purpose administrative instrument with straightforward structure (approval + conditions)","11 numbered conditions, mostly in plain English with minimal legal cross-referencing","Only two external statutory references: section 50AAA of the Corporations Act 2001 (definition of 'associated entity') and the Higher Education Standards Framework (referenced indirectly via TEQSA)","No nested definitions or complex conditional logic within the instrument itself","Relies on external documents (Financial Viability Instructions) for some reporting specifics, but these are referenced rather than incorporated"],"plain_english_summary":"The instrument formally approves S P Jain School of Global Management Pty Limited to operate as a Higher Education Provider in Australia and access Commonwealth support (e.g. HELP).  \n\nApproval is conditional on 11 strict financial, reporting and disclosure safeguards—cash and equity minimums, limits on related‑party loans and asset security, annual audited accounts and monthly early reporting, rapid notification of major events and TEQSA/consumer actions, and consolidated parent company financials—to protect students and taxpayers given the provider’s foreign ownership and perceived financial risk."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument grants approval to the named entity and imposes conditions on that approval; it does not alter who may be approved under the Act or change the statutory scope of the Higher Education Support Act 2003. The conditions constrain the approved provider's financial and reporting behaviour but do not expand statutory coverage."},"complexity_factors":["Multiple, ongoing financial requirements: current ratio ≥1.0 and positive equity (conditions 1–2)","Restrictions on guarantees and asset security affecting corporate financing choices (conditions 3–4)","Recurring reporting deadlines with varied frequency and formats: annual audited statements by 30 September, consolidated parent accounts, and monthly data for two years (conditions 5, 8, 11)","Short-notice notification duties for significant events and governance changes (10 working days) (conditions 6–7)","Obligation to report regulatory or consumer-law activity for five years (conditions 9–10)","Cross-reference to external statute for 'associated entity' definition (Corporations Act s.50AAA) (condition 4)","Legal basis and administrative discretion invoked under sections 16-25, 16-60 and paragraph 16-50(1) of the Act"],"plain_english_summary":"This instrument approves S P Jain School of Global Management Pty Limited as a Higher Education Provider under the Higher Education Support Act 2003 and attaches 11 conditions to that approval. It requires ongoing financial health (current ratio and positive equity), forbids certain guarantees or asset security, and imposes regular reporting and prompt notification obligations to the Department, including consolidated parent accounts and monthly data (conditions 1–11). The obligations fall on the approved provider and its related entities and create recurring compliance costs and disclosure duties."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-2-of-2015","history":"/api/acts/higher-education-provider-approval-no-2-of-2015/history","analysis":"/api/acts/higher-education-provider-approval-no-2-of-2015/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-2-of-2015/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-2-of-2015/important-cases","documents":"/api/acts/higher-education-provider-approval-no-2-of-2015/documents"}}