{"id":"F2016L01400","name":"Higher Education Provider Approval No 3 of 2016","slug":"higher-education-provider-approval-no-3-of-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94995,"registerId":"commonwealth-F2016L01400-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 2016","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 3 of 2016\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, Melissa Reardon, a delegate of the Minister for Education and Training 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 The Cairnmillar Institute (ACN: 005 085 423 ABN: 27 005 085 423) as a Higher Education Provider in accordance with subsection 16‑25 of the Act; and\n\n(b) impose conditions on the approval of The Cairnmillar Institute in accordance with section 16‑60 of the Act; and\n\n(c) note that this approval decides the application of The Cairnmillar Institute as required by paragraph 16‑50(1)(a) of the Act; and\n\n(d) hereby give The Cairnmillar Institute written notice of my approval as required by paragraph 16‑50(1)(b) of the Act.\n\nConditions\n\n1.  The Cairnmillar Institute must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.\n2.  The Cairnmillar Institute must maintain a positive equity position for the period of its approval.\n3.  The Cairnmillar Institute will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.\n4.  The Cairnmillar Institute 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.  The Cairnmillar Institute 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 June each year for the period of its approval.\n6.  The Cairnmillar Institute must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting The Cairnmillar Institute or a related entity that may significantly affect the capacity of The Cairnmillar Institute to meet the quality and accountability requirements under the Higher Education Support Act 2003 for the period of its approval. The written advice must be provided within 10 working days of the event occurring.\n7.  The Cairnmillar Institute 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.  The Cairnmillar Institute 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.\n9.  The Cairnmillar Institute 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.\n10.  The Cairnmillar Institute 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 5th day of September 2016\n\nMelissa Reardon  \nBranch Manager\n\nDelegate of the Minister for Education and Training","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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument does not merely grant approval; it attaches a package of ongoing, binding conditions (imposed under section 16‑60) that restrict financial dealings, require specified financial metrics, and impose recurring reporting and notification obligations (Conditions 1–10). Those conditions narrow the institute's operational discretion compared with an unconditional approval and create continuing compliance duties for the approved period; commencement is governed by paragraph 16‑55(2)."},"complexity_factors":["Numeric financial covenants (current ratio ≥ 1.0 and positive equity) create ongoing monitoring and potential remediation obligations (Conditions 1–2).","Prohibitions and limits on financial transactions (no new guarantees/loans to directors/related entities; limits on offering assets as security) constrain commercial flexibility (Conditions 3–4).","Regular reporting deadlines: annual financial submissions by 30 June (Condition 5), 10‑working‑day notifications for significant events and governance changes (Conditions 6–7), monthly data reporting for 2 years (Condition 10).","Extended notification windows for regulatory activity (TEQSA and consumer/fair‑trading matters) for 5 years create sustained compliance burden and information flows (Conditions 8–9).","Cross‑references to external instruments and statutes increase interpretive complexity: Financial Viability Instructions (Condition 5) and Corporations Act s50AAA definition of associated entity (Condition 4).","Delegated decision‑making and statutory basis: approval and conditions are exercised under ss16‑25, 16‑50 and 16‑60 of the Higher Education Support Act 2003, with commencement linked to registration on the Federal Register of Legislative Instruments (paragraph 16‑55(2)), leaving scope for administrative discretion."],"plain_english_summary":"This instrument formally approves The Cairnmillar Institute as a recognised higher education provider under the Higher Education Support Act 2003 and attaches enforceable conditions to that approval. The conditions require the institute to meet specified financial metrics, limit certain financial dealings with directors and related entities, and provide regular financial and regulatory notifications to the Department, so the institute bears ongoing compliance and reporting costs while the Department gains continued oversight."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument exercising specific powers under sections 16-25 and 16-50 of the Higher Education Support Act 2003. It has not expanded beyond its original purpose of approving a single higher education provider with attached conditions."},"complexity_factors":["Single-purpose administrative instrument — only approves one specific provider","No defined terms section (only one external reference to 'associated entity' in Corporations Act)","Linear structure: approval statement followed by numbered conditions","Minimal cross-referencing (only cites specific sections of Higher Education Support Act 2003 for procedural authority)","Conditions are straightforward financial and reporting requirements without nested exceptions","Total length: approximately 1 page of substantive content"],"plain_english_summary":"The government has approved The Cairnmillar Institute as a Higher Education Provider, letting it offer government-subsidised university-level courses and allowing its students to access HELP loans. This opens more affordable pathways for people studying psychology, counselling, and related fields at that institution.\n\nApproval comes with ten strict financial conditions—covering liquidity, solvency, related-party lending limits, and timely reporting and notifications—designed to protect students and taxpayer funds by ensuring the institute’s financial stability and transparency."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-3-of-2016","history":"/api/acts/higher-education-provider-approval-no-3-of-2016/history","analysis":"/api/acts/higher-education-provider-approval-no-3-of-2016/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-3-of-2016/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-3-of-2016/important-cases","documents":"/api/acts/higher-education-provider-approval-no-3-of-2016/documents"}}