{"id":"F2018L00804","name":"Higher Education Provider Approval No. 2 of 2018","slug":"higher-education-provider-approval-no-2-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97468,"registerId":"commonwealth-F2018L00804-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 2018","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 2 of 2018\n\nApproval under section 16\\-25, decision under paragraph 16-50(1a), and Notice of Approval under paragraph 16\\-50(1b) to the Higher Education Support Act 2003 (the Act).\n\nI, Damian Coburn, a delegate of the Minister for Education and Training for the purposes of 16-25, 16-50 and 16-60 of the Higher Education Support Act 2003 (the Act):\n\n(a) approve the application of ISN Psychology Pty Ltd (ABN: 16 607 683 303, ACN: 607 683 303) as a higher education provider in accordance with section 16\\-25 of the Act;\n\n(b) impose conditions on the approval of ISN Psychology Pty Ltd as a higher education provider in accordance with paragraph 16-60 of the Act;\n\n(c) note that this approval decides the application of ISN Psychology Pty Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give ISN Psychology Pty Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n    ISN Psychology Pty Ltd must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.\n    ISN Psychology Pty Ltd must maintain a positive equity position for the period of its approval.\n    ISN Psychology Pty Ltd must not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.\n    ISN Psychology Pty Ltd 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.\n    ISN Psychology Pty Ltd must, on an annual basis for the period of its approval, by no later than 31 December each year, provide the department responsible for administering the Higher Education Support Act 2003 with:\n\n    a) General purpose financial statement that complies with section 19-10 of the Higher Education Support Act 2003; and\n    b) a declaration by an external and independent public accountant or qualified auditor that ISN Psychology Pty Ltd has, as at the date of the declaration, complied with all statutory obligations relating to the lodgement and payment of:\n\n-   company tax;\n-   goods and services tax;\n-   pay-as-you-go withholding tax for employees;\n-   payroll tax;\n-   superannuation guarantee for employees; and\n-   other withholding tax.\n\n    ISN Psychology Pty Ltd must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting ISN Psychology Pty Ltd or a related entity that may significantly affect the capacity of ISN Psychology Pty Ltd 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.\n    ISN Psychology Pty Ltd 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.\n    ISN Psychology Pty Ltd must, as soon as practicable, 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 Authority or any other regulatory body which may impact upon its operations for the period of its approval.\n    ISN Psychology Pty Ltd must, as soon as practicable, 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 the period of its approval.\n    ISN Psychology Pty Ltd must report student data into HEIMS monthly for two years from the date of approval.\n    ISN Psychology Pty Ltd must, on an annual basis for the period in which a Deed of Guarantee exists with Jim’s Group Pty Ltd, by no later than 31 December each year, provide the department responsible for administering the Higher Education Support Act 2003 with financial statements for Jim’s Group Pty Ltd (ABN 82 101 925 268).\n\nIn accordance with section 16-55 of the Act and section 12 of the Legislation Act 2003 this notice of approval commences on the day after it is registered on the Federal Register of Legislation.\n\nDate: 19 June 2018\n\nDamian Coburn  \nBranch Manager  \nStudent Information and Learning Branch\n\nDelegate of the Minister for Education and Training","sortOrder":0}],"analysis":{"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 does not represent an expansion of legislative scope but rather an exercise of existing delegated powers to approve a specific provider. The conditions imposed fall within the standard regulatory framework for provider approvals, though the specific reference to Jim's Group Pty Ltd reflects tailored risk assessment for this particular applicant."},"complexity_factors":["Single-purpose administrative instrument (approval notice) rather than primary legislation","11 specific conditions imposed, mixing financial, reporting, and notification requirements","Cross-reference to external statute (Corporations Act 2001 for definition of 'associated entity')","Reference to specific accounting metrics (current ratio of 1.0) requiring financial literacy to interpret","Temporal variations in obligations (monthly reporting for 2 years vs annual reporting ongoing)","Specific commercial arrangement referenced (Deed of Guarantee with Jim's Group Pty Ltd) creating bespoke condition","Multiple legislative citations (Higher Education Support Act 2003, Legislation Act 2003) for commencement and authority"],"plain_english_summary":"ISN Psychology Pty Ltd has been approved as an Australian higher education provider, enabling it to deliver university‑level courses and access Commonwealth student support (including HELP). The approval is conditional: strict financial health, related‑party, reporting and notification requirements, monthly student data reporting for two years, and disclosure of guarantor finances are imposed to protect students and public funds and ensure regulator oversight."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument does not amend the Higher Education Support Act 2003 or change the statutory scope of who may be a higher education provider. It is an administrative decision: it approves ISN Psychology Pty Ltd as an approved provider under the Act and imposes conditions under the Minister’s statutory powers (see header referencing sections 16-25, 16-50 and 16-60). The effect is to place ISN under specific financial and reporting obligations, not to broaden or narrow the Act's coverage."},"complexity_factors":["Multiple financial thresholds and prohibitions increase monitoring and compliance: current ratio requirement of 1.0 or above; positive equity requirement; prohibition on new guarantees/loans to directors or related entities; restriction on offering assets as security except for commercial loans with recognised financial institutions (Conditions: liquidity/equity; guarantees/loans; securities).","Regular audited reporting obligations: annual general purpose financial statements compliant with section 19-10 of the HESA and an external accountant/auditor’s declaration confirming compliance with multiple tax and statutory obligations (Condition: annual financial statements and declarations).","Frequent operational reporting: monthly HEIMS student-data reporting for two years increases ongoing administrative burden (Condition: monthly HEIMS reporting).","Short notification deadlines create prompt disclosure duties: written notice to the department within 10 working days for events affecting capacity and for changes to directors/company structure/constitution; 'as soon as practicable' notifications for regulatory activity and Australian Consumer Law/fair trading matters (Conditions: 10 working days; ASAP notices).","Cross-references to other statutes and instruments add legal complexity: references to Higher Education Support Act sections (16-25, 16-50, 16-60, 16-55), Legislation Act 2003 s12 for commencement, HESA s19-10 for financial statements and Corporations Act s50AAA for 'associated entity' definition (header and Conditions).","Contingent related-entity reporting: annual requirement to provide financial statements for Jim’s Group Pty Ltd while a Deed of Guarantee exists imposes monitoring of third-party arrangements (Condition: Jim’s Group financial statements).","Discretion and administrative oversight: approval granted by a Ministerial delegate and ongoing reporting to the department concentrates decision and enforcement power in the department (Notice header and Conditions)."],"plain_english_summary":"This instrument approves ISN Psychology Pty Ltd as a Commonwealth higher education provider under the Higher Education Support Act 2003 and attaches financial, reporting and conduct conditions to that approval. A delegate of the Minister granted the approval and specified requirements on liquidity, equity, restrictions on guarantees and securities, and reporting obligations. ISN pays the compliance and reporting costs: annual audited financial statements and tax-compliance declarations, monthly student-data reporting for two years, and prompt notice of director changes, regulatory action or other events affecting capacity."},"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-2018","history":"/api/acts/higher-education-provider-approval-no-2-of-2018/history","analysis":"/api/acts/higher-education-provider-approval-no-2-of-2018/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-2-of-2018/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-2-of-2018/important-cases","documents":"/api/acts/higher-education-provider-approval-no-2-of-2018/documents"}}