{"id":"F2021L00965","name":"Higher Education Provider Approval No 2 of 2021","slug":"higher-education-provider-approval-no-2-of-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101975,"registerId":"commonwealth-F2021L00965-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 2021","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nHigher Education Provider Approval No 2 of 2021\n\nmade under sections 16-25, 16-50 and 16-60 of the\n\nHigher Education Support Act 2003\n\nCompilation No. 1\n\nCompilation date: 10 September 2022\n\nIncludes amendments up to: F2022L01190\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Higher Education Provider Approval No 2 of 2021 that shows the text of the law as amended and in force on 10/09/2022 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nNOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 2 of 2021\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 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 the Stanley International College Pty Ltd (ABN: 16 130 977 221, ACN: 130 977 221) as a higher education provider in accordance with section 16-25 of the Act;\n\n(b) impose conditions on the approval of the Stanley International College 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 the Stanley International College Pty Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give the Stanley International College Pty Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n1.  Stanley International College Pty Ltd must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.\n2.  Stanley International College Pty Ltd must maintain a positive equity position for the period of its approval.\n3.  Stanley International College Pty Ltd will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.\n4.  Stanley International College 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.\n5.  Stanley International College Pty Ltd 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 31 December each year for the period of its approval.\n6.  Stanley International College Pty Ltd must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting Stanley International College Pty Ltd or a related entity that may significantly affect the capacity of Stanley International College 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.\n7.  Stanley International College 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\n    8. Stanley International College 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\n    9. Stanley International College 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\n    10. Stanley International College Pty Ltd must provide the department responsible for administering the Higher Education Support Act 2003 with interim management reports, including, but not necessarily limited to, a balance sheet and detailed profit and loss statement attested to by a director that they present a true and fair view of the entity’s financial position within one month following 30 June and 31 December each year.\n\nSigned by Damian Coburn\n\nDate: 5th July 2021\n\nDamian Coburn  \nAssistant Secretary  \nHELP and Provider Integrity Branch\n\nDelegate of the Minister for Education, Skills and Employment\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | orig = original                     |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | par = paragraph(s)/subparagraph(s)  |\n| amdt = amendment                               | /sub‑subparagraph(s)                |\n| c = clause(s)                                  | pres = present                      |\n| C[x] = Compilation No. x                       | prev = previous                     |\n| Ch = Chapter(s)                                | (prev…) = previously                |\n| def = definition(s)                            | Pt = Part(s)                        |\n| Dict = Dictionary                              | r = regulation(s)/rule(s)           |\n| disallowed = disallowed by Parliament          | reloc = relocated                   |\n| Div = Division(s)                              | renum = renumbered                  |\n| exp = expires/expired or ceases/ceased to have | rep = repealed                      |\n| effect                                         | rs = repealed and substituted       |\n| F = Federal Register of Legislation            | s = section(s)/subsection(s)        |\n| gaz = gazette                                  | Sch = Schedule(s)                   |\n| LA = Legislation Act 2003                      | Sdiv = Subdivision(s)               |\n| LIA = Legislative Instruments Act 2003         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n| o = order(s)                                   | commenced or to be commenced        |\n| Ord = Ordinance                                |                                     |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                | Registration                    | Commencement      | Application, saving and transitional provisions |\n| ----------------------------------------------------------------------------------- | ------------------------------- | ----------------- | ----------------------------------------------- |\n| Higher Education Provider Approval No 2 of 2021                                     | 08 July 2021 (F2021L00965)      | 09 July 2021      |                                                 |\n| Higher Education Provider Approvals (Nos 1 and 2 of 2021) Amendment Instrument 2022 | 09 September 2022 (F2022L01190) | 10 September 2022 |                                                 |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected | How affected   |\n| ------------------ | -------------- |\n| s 8                | rs F2022L01190 |\n| commencement text  | rep LA s 48D   |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a specific administrative approval for a single provider (Stanley International College) made under the Higher Education Support Act 2003. It has not grown beyond its original purpose; it is precisely what it purports to be—a conditional approval instrument with attached financial viability requirements typical of provider approvals in the higher education sector."},"complexity_factors":["Single-purpose administrative instrument with straightforward structure (notice of approval + conditions list)","Only 10 substantive conditions, mostly expressed in plain commercial language","Minimal cross-referencing: only one external statutory reference (Corporations Act 2001 for 'associated entity' definition)","No nested exceptions or conditional logic within the conditions themselves","Standard legislative instrument framework (compilation notes, endnotes) adds bureaucratic wrapping but doesn't complicate the substantive content","No defined terms section within the operative provisions (relies on external definitions or ordinary meaning)"],"plain_english_summary":"Stanley International College Pty Ltd has been officially approved to operate as an Australian higher education provider and to access HELP student loan programs. The approval is conditional: the Department has imposed strict financial and governance requirements (e.g., solvency, limits on related-party transactions, asset security rules, and regular reporting and disclosure of risks) to protect students and taxpayers. This matters because it enables funded courses while creating early-warning controls to reduce the risk of provider failure and stranded students."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument exercises statutory powers to approve a named entity and impose conditions under the Higher Education Support Act 2003. It does not expand the class of entities the Act covers; compilation notes and the recorded amendment history relate to the instrument’s text and do not indicate an expansion of the statutory scope of approvals."},"complexity_factors":["Multiple distinct conditions (10 discrete conditions) that create recurring compliance tasks (conditions 1–10).","Quantitative financial thresholds (current ratio ≥ 1.0; positive equity) that require accounting measurement and monitoring (condition 1–2).","Restrictions on related‑party transactions and asset security that require governance controls and interpretation of ‘associated entity’ under Corporations Act s 50AAA (conditions 3–4).","Specified reporting deadlines: annual financial information by 31 December and interim management reports within one month after 30 June and 31 December (conditions 5 and 10).","Short event‑notification windows (10 working days) for significant events and director/structure changes (conditions 6–7).","Obligation to disclose regulatory activity affecting operations (conditions 8–9), expanding monitoring beyond pure financial metrics.","Reference to external instrument for reporting details (Financial Viability Instructions), creating dependency on administrative specification (condition 5).","Enforcement and response depend on the administering department’s exercise of statutory powers under the Act (approval and conditions imposed under ss 16‑25, 16‑50, 16‑60).","Compilation and amendment history present (compilation date and F2022L01190) which requires attention to the up‑to‑date text and any uncommenced amendments."],"plain_english_summary":"This instrument approves Stanley International College Pty Ltd as a higher‑education provider under the Higher Education Support Act 2003 and imposes ongoing financial, governance and reporting conditions for the duration of approval. It affects the college directly by setting liquidity and equity thresholds, limits on related‑party financing and asset security, and deadlines for annual and interim financial disclosures to the administering department."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-2-of-2021","history":"/api/acts/higher-education-provider-approval-no-2-of-2021/history","analysis":"/api/acts/higher-education-provider-approval-no-2-of-2021/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-2-of-2021/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-2-of-2021/important-cases","documents":"/api/acts/higher-education-provider-approval-no-2-of-2021/documents"}}