{"id":"F2018L01805","name":"Higher Education Provider Approval No. 3 of 2018","slug":"higher-education-provider-approval-no-3-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98445,"registerId":"commonwealth-F2018L01805-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 2018","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 3 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, Drew Menzies-McVey, 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 Higher Education Leadership Institute Pty Ltd (ABN: 71 606 961 451, ACN: 606 961 451) as a higher education provider in accordance with section 16\\-25 of the Act;\n\n(b) impose conditions on the approval of Higher Education Leadership Institute 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 Higher Education Leadership Institute Pty Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give Higher Education Leadership Institute Pty Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n    Higher Education Leadership Institute 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    Higher Education Leadership Institute Pty Ltd must maintain a positive equity position for the period of its approval.\n    Higher Education Leadership Institute 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    Higher Education Leadership Institute 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    Higher Education Leadership Institute 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) a 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 Higher Education Leadership Institute 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    6. Higher Education Leadership Institute Pty Ltd must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting Higher Education Leadership Institute Pty Ltd or a related entity that may significantly affect the capacity of Higher Education Leadership Institute 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    7. Higher Education Leadership Institute 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    8. Higher Education Leadership Institute 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    9. Higher Education Leadership Institute 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    10. Higher Education Leadership Institute Pty Ltd must report student data into HEIMS monthly for two years from the date of approval.\n    11. Higher Education Leadership Institute Pty Ltd must, on an annual basis for the period in which a Deed of Guarantee exists with Peter J. Ryan & Associates 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 Peter J. Ryan & Associates Pty Ltd (ACN 072 638 058).\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 18 December 2018\n\nDrew Menzies-McVey  \nBranch Manager  \nHELP and Provider Integrity 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 standard administrative approval instrument issued under the Higher Education Support Act 2003. It serves its original intended purpose: granting approval to a specific provider with tailored conditions. There is no evidence of scope creep or expansion beyond the statutory framework for provider approvals."},"complexity_factors":["Single-purpose administrative instrument (approval notice) rather than complex legislative text","11 numbered conditions with straightforward operational requirements","Only one defined term cross-reference ('associated entity' referring to Corporations Act 2001)","Minimal conditional logic (simple 'must' obligations without nested exceptions)","Short length (approximately 1 page of substantive content)","Clear structure following statutory template under section 16-50 of the Higher Education Support Act 2003"],"plain_english_summary":"This instrument approves Higher Education Leadership Institute Pty Ltd as a registered higher education provider under the Higher Education Support Act 2003, enabling it to deliver tertiary courses and potentially access HELP loans.  \n\nApproval is conditional on 11 compliance measures focused on financial safeguards (liquidity, positive equity), restrictions on related‑party dealings, strict reporting and notification obligations, and extra monitoring of a related company — protecting students, public funds, and government oversight."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument approves the provider and attaches conditions; it does not, on its face, expand or narrow the statutory classes of activity licensed under the Act. There is no textual indication within this notice that the legal scope of the provider’s functions under the Act has been altered."},"complexity_factors":["Multiple ongoing reporting obligations with different frequencies: monthly HEIMS reporting for two years (condition 10) and annual financial and auditor declarations (condition 5).","Specific financial metrics and restraints: minimum current ratio >= 1.0 and positive equity requirement (conditions 1–2).","Restrictions on corporate finance transactions: prohibitions on offering assets as security and new related-party guarantees/loans (conditions 3–4).","Third-party verification and linked reporting: external accountant/auditor declaration of tax compliance (condition 5) and financial statements for a named related entity while a Deed of Guarantee exists (condition 11).","Short notification timelines for material events and governance changes (10 working days for events and director/structure changes; conditions 6–7).","Cross-reference to other statutes and provisions: requires compliance with s19-10 of the Higher Education Support Act (condition 5) and uses the Corporations Act definition of 'associated entity' (condition 4).","Delegated decision-making authority under sections 16-25, 16-50 and 16-60 of the Higher Education Support Act 2003 adds administrative discretion in approval and condition-imposition."],"plain_english_summary":"Higher Education Leadership Institute Pty Ltd is approved as a higher education provider under the Higher Education Support Act 2003, subject to specified financial, governance and reporting conditions. The approval requires the provider to maintain minimum liquidity and positive equity, limit guarantees and asset security, deliver annual audited financial and tax-compliance declarations, notify the department quickly of material events or governance changes, report student data monthly for two years, and provide certain related-entity financials; the department monitors compliance."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-3-of-2018","history":"/api/acts/higher-education-provider-approval-no-3-of-2018/history","analysis":"/api/acts/higher-education-provider-approval-no-3-of-2018/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-3-of-2018/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-3-of-2018/important-cases","documents":"/api/acts/higher-education-provider-approval-no-3-of-2018/documents"}}