{"id":"F2011L00272","name":"Higher Education Provider Approval No. 3 of 2011","slug":"higher-education-provider-approval-no-3-of-2011","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":86573,"registerId":"commonwealth-F2011L00272-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval No. 3 of 2011","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 3 of 2011\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, David Hazlehurst, a delegate of the Minister for Tertiary 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 the Technical and Further Education Commission 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 the Technical and Further Education Commission as required by paragraph 16-50(1)(a) of HESA; and\n\n(c) hereby give the Technical and Further Education Commission written notice of my approval as required by paragraph 16-50(1)(b) of HESA.\n\nIn accordance with paragraph 16-55(2) of HESA this notice of approval is taken to have commenced on the first business day after it is registered on the Federal Register of Legislative Instruments.\n\nDated this ………15th…………. day of …………February………………………….. 2011\n\nSigned…………(signed)………………………\n\nDavid Hazlehurst\n\nGroup Manager\n\nHigher Education Group\n\nDepartment of Education, Employment and Workplace Relations\n\nDelegate of the Minister for Tertiary Education","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument confers HESA-approved higher education provider status on the Technical and Further Education Commission, thereby changing the set of entities recognised under the Act. The instrument records the decision, gives formal notice, and fixes commencement as the first business day after registration on the Federal Register of Legislative Instruments (paragraph 16-55(2)). It does not amend the text of HESA; it implements an individual approval under the Act."},"complexity_factors":["Short, single-purpose instrument: an administrative approval rather than substantive legislative amendment.","Cross-references to HESA provisions (section 16-25; paragraph 16-50(1)(a) and (b); paragraph 16-55(2)) require looking to the Act for detailed effects and criteria.","Decision made by a delegated official (delegate of the Minister) — introduces routine delegation and signature formality.","Commencement is tied to registration on the Federal Register of Legislative Instruments, creating a mechanical timing rule.","No conditions, criteria, or ongoing obligations are set out in the instrument itself — reliance on the external statutory framework increases reliance on other texts for full understanding."],"plain_english_summary":"This instrument records the approval of the Technical and Further Education Commission as a higher education provider under the Higher Education Support Act 2003 (section 16-25). The delegate of the Minister for Tertiary Education, David Hazlehurst, signs and gives the required written notice and records the decision under the Act (paragraphs 16-50(1)(a) and (b)).\n\nThe approval takes effect on the first business day after the instrument is registered on the Federal Register of Legislative Instruments, per paragraph 16-55(2), thereby establishing the Commission's status for HESA purposes."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument that performs exactly the function intended: approving a specific entity as a higher education provider. It has not expanded beyond its original purpose."},"complexity_factors":["Single-purpose administrative instrument with straightforward structure","Only 3 operative paragraphs (a), (b), and (c) with clear sequential logic","References only 3 specific sections of the parent Act (16-25, 16-50, 16-55)","No defined terms section - relies entirely on definitions in the Higher Education Support Act 2003","No conditional logic, exceptions, or nested provisions","Standard template format used for provider approvals"],"plain_english_summary":"The government has approved TAFE NSW to be a recognised higher education provider under the Higher Education Support Act 2003, allowing it to offer university‑level qualifications and participate in Commonwealth funding programs. Students at TAFE NSW can now access HELP loans and other federal support. The decision was made by David Hazlehurst as delegate of the Minister for Tertiary Education, expanding student options beyond traditional universities."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-3-of-2011","history":"/api/acts/higher-education-provider-approval-no-3-of-2011/history","analysis":"/api/acts/higher-education-provider-approval-no-3-of-2011/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-3-of-2011/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-3-of-2011/important-cases","documents":"/api/acts/higher-education-provider-approval-no-3-of-2011/documents"}}