{"id":"F2007L00715","name":"Higher Education Provider Approval (No. 4 of 2007)","slug":"higher-education-provider-approval-no-4-of-2007","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":64314,"registerId":"commonwealth-F2007L00715-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 4 of 2007)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No. 4 of 2007)\n\nApproval and notice of approval pursuant to subsection 16-50(1) of the Higher Education Support Act 2003.\n\nI, COLIN WALTERS, delegate of the Minister for Education, Science and Training, for the purposes of subsection 16-50(1) of the Higher Education Support Act 2003 (‘the HESA’) hereby:\n\n(a) approve the following body corporate as a higher education provider:\n\nEducational Enterprises Australia Pty Ltd\n\n(b) give notice of that approval to that body corporate.\n\nIn accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, this approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.\n\nDated this……15th…..….. day of……March…..…….... 2007\n\n(Signed)\n\nCOLIN WALTERS\n\nGroup Manager, Higher Education Group\n\nDepartment of Education, Science and Training","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument exercising a specific statutory power under section 16-50 of the HESA. It has no scope beyond approving one named entity as a higher education provider. There is no indication of scope creep as this is a single-instance decision, not an evolving legislative framework."},"complexity_factors":["Single-purpose administrative instrument with no defined terms section","No cross-references to other legislation beyond basic statutory citations (HESA sections 16-50 and 16-55, Legislative Instruments Act subsection 12(3))","No conditional logic, exceptions, or operative provisions beyond the straightforward approval and notice","Extremely short (approximately 200 words)","Standard template format for ministerial delegate approvals"],"plain_english_summary":"This document is an official government approval that allows a specific company — **Educational Enterprises Australia Pty Ltd** — to operate as a **higher education provider** under Australian law.\n\n**What this means:**\n- A \"higher education provider\" is an institution (like a university or college) that is officially recognised by the government to offer university-level courses and access government funding schemes for students.\n- This approval was made under the *Higher Education Support Act 2003*, which is the main law governing how higher education is funded and regulated in Australia.\n\n**Who made the decision:**\n- **Colin Walters**, acting as a delegate (someone given authority to act on behalf of) the Minister for Education, Science and Training.\n\n**When it takes effect:**\n- The approval becomes active the day after the last possible day that Parliament could have blocked (disallowed) it. This is a standard waiting period that allows Parliament to review certain decisions if it chooses.\n\n**Why it matters:**\n- Without this approval, Educational Enterprises Australia could not legally call itself a higher education provider or access the government support systems that help students pay for their studies (like HELP loans). This approval essentially gives the company the green light to operate in Australia's regulated higher education market."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not alter or expand its stated purpose: it approves Educational Enterprises Australia Pty Ltd as a higher education provider and gives notice of that approval (subsection 16-50(1)). It contains no additional conditions, exclusions, or modifications to provider status. The commencement mechanism is governed by section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003 as stated in the instrument; there is no indication in the instrument itself that its scope was changed from its original, stated intent."},"complexity_factors":["Short, single-purpose instrument: limited to approval and notice without ancillary rules or conditions.","References to other legislation for effect timing (section 16-55 of HESA and subsection 12(3) of the Legislative Instruments Act 2003) require cross-reference to determine commencement mechanics.","Use of delegated administrative authority introduces an element of procedural discretion (delegate rather than primary minister).","Absence of specified downstream rights, obligations or financial consequences means effects must be inferred from HESA, creating dependency on external provisions."],"plain_english_summary":"This instrument formally approves Educational Enterprises Australia Pty Ltd as a \"higher education provider\" under subsection 16-50(1) of the Higher Education Support Act 2003, and gives the company notice of that approval. It takes effect after the parliamentary disallowance period specified in section 16-55 and the Legislative Instruments Act.\n\nThe decision was made by a ministerial delegate (signed 15 March 2007). The instrument only records approval and timing; it does not itself set funding, conditions, or other downstream rights or obligations."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-4-of-2007","history":"/api/acts/higher-education-provider-approval-no-4-of-2007/history","analysis":"/api/acts/higher-education-provider-approval-no-4-of-2007/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-4-of-2007/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-4-of-2007/important-cases","documents":"/api/acts/higher-education-provider-approval-no-4-of-2007/documents"}}