{"id":"F2020L01471","name":"Higher Education Provider Approval No. 3 of 2020","slug":"higher-education-provider-approval-no-3-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":130713,"registerId":"commonwealth-F2020L01471-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval No. 3 of 2020","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 3 of 2020\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 Crown Institute of Higher Education Pty Ltd (ABN: 22 611 573 301, ACN: 611 573 301) as a higher education provider in accordance with section 16\\-25 of the Act;\n\n(b) impose conditions on the approval of Crown Institute of Higher Education 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 Crown Institute of Higher Education Pty Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give Crown Institute of Higher Education Pty Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n1.  Crown Institute of Higher Education 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.  Crown Institute of Higher Education Pty Ltd must maintain a positive equity position for the period of its approval.\n3.  Crown Institute of Higher Education 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.  Crown Institute of Higher Education 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.  Crown Institute of Higher Education 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.  Crown Institute of Higher Education Pty Ltd must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting Crown Institute of Higher Education Pty Ltd or a related entity that may significantly affect the capacity of Crown Institute of Higher Education 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.  Crown Institute of Higher Education 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. Crown Institute of Higher Education Pty Ltd, 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. Crown Institute of Higher Education 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\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: 20 November 2020\n\nDamian Coburn  \nFirst Assistant Secretary  \nHELP and Provider Integrity Branch\n\nDelegate of the Minister for Education, Skills and Employment","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":2,"scope_assessment":{"changed":false,"description":"This is a standard administrative approval instrument issued under the Higher Education Support Act 2003. It performs exactly the function intended by the Act: granting provider status with attached conditions. No scope creep is evident."},"complexity_factors":["Single-purpose administrative instrument (approval notice) with straightforward structure","Only 9 conditions, all expressed in plain operational language","Single cross-reference to external legislation (Corporations Act 2001, section 50AAA for 'associated entity')","No nested exceptions, conditional logic, or complex defined terms beyond standard accounting concepts (current ratio, equity)","Length: approximately 1 page of substantive content","Standard legislative framework references (Higher Education Support Act 2003 sections) without requiring interpretation"],"plain_english_summary":"Crown Institute of Higher Education has been approved to operate as a higher education provider in Australia, enabling it to offer university-level courses and access federal student loan schemes (HECS‑HELP/FEE‑HELP). The approval is conditional: strict financial and reporting requirements are imposed to protect students and taxpayers. It matters because the government will monitor Crown’s solvency and corporate conduct to reduce risk of provider failure and public loan exposure."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not change the statutory scope of the Higher Education Support Act 2003. It approves a single applicant subject to specified conditions and reporting requirements, thereby constraining that provider's operations during the approval period but not altering who may apply for approval or the Act's substantive coverage."},"complexity_factors":["Approval is conditional rather than unconditional—nine listed conditions impose ongoing obligations and restrictions.","Financial metrics required: maintain a current ratio ≥ 1.0 and a positive equity position (conditions 1–2).","Restrictions on related‑party support: no new guarantees or loans to directors/related entities and limits on offering assets as security except commercial loans with recognised financial institutions (conditions 3–4).","Regular reporting burden: annual financial information to the department by 31 December each year, as specified in the Financial Viability Instructions (condition 5).","Short notification windows: 10 working days to notify the department of events affecting capacity to meet Act requirements and of changes to directors, company structure or constitution (conditions 6–7).","Obligation to promptly report regulatory activity by TEQSA or consumer law/fair trading bodies (conditions 8–9).","Reference to external instruments and definitions increases compliance complexity (Financial Viability Instructions; ‘associated entity’ per s50AAA Corporations Act).","Decision made by a ministerial delegate under statutory provisions; administrative discretion in imposing and monitoring conditions.","Commencement tied to registration on the Federal Register of Legislation (timing and legal effect depend on registration date)."],"plain_english_summary":"This instrument approves Crown Institute of Higher Education Pty Ltd as a higher education provider and attaches ongoing financial and reporting conditions. A delegate of the Minister grants approval but requires specific liquidity, equity and reporting standards and notifications of events, governance changes and regulatory actions. These conditions create ongoing compliance costs for the provider (regular financial returns, 10‑working‑day event notices) and constrain its ability to grant guarantees or use assets as security while approved."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-3-of-2020","history":"/api/acts/higher-education-provider-approval-no-3-of-2020/history","analysis":"/api/acts/higher-education-provider-approval-no-3-of-2020/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-3-of-2020/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-3-of-2020/important-cases","documents":"/api/acts/higher-education-provider-approval-no-3-of-2020/documents"}}