{"id":"F2009L01780","name":"Higher Education Provider Approval (No. 4 of 2009)","slug":"higher-education-provider-approval-no-4-of-2009","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":78722,"registerId":"commonwealth-F2009L01780-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 2009)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No 4 of 2009)\n\nApproval pursuant to section 16-25 and notice of approval pursuant to paragraph 16-50(1)(b).\n\nI, FIONA BUFFINTON, a delegate of the Minister for Education for the purposes of section 16-25 of the Higher Education Support Act 2003 (‘the HESA’) have approved the Southbank Institute of Technology as a higher education provider under that section of the HESA, and:\n\na) note that the application of Southbank Institute of Technology for approval as a higher education provider has thereby been decided as required by paragraph 16-50(1)(a) of the HESA; and\n\nb) pursuant to paragraph 16-50(1)(b) of the HESA give notice of my approval to Southbank Institute of Technology.\n\nIn accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, this notice of approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing it.\n\nDated this 8th day of May 2009\n\n(signed)\n\nFIONA BUFFINTON\n\nGroup Manager, Higher Education Group\n\nDepartment of Education, Employment and Workplace Relations","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument with no broader scope. It performs exactly the function intended: granting approved provider status to a single named institution under the statutory framework."},"complexity_factors":["Single-purpose administrative instrument (only approves one specific institution)","No defined terms section — relies entirely on definitions in the parent Act (Higher Education Support Act 2003)","Minimal conditional logic — only standard procedural references to legislative sections","Short length (approximately 200 words)","Straightforward structure: delegation statement, approval decision, procedural notices, commencement rule"],"plain_english_summary":"This instrument formally approves Southbank Institute of Technology to operate as a higher education provider under the Higher Education Support Act 2003. That status lets the institute access Commonwealth funding and enables its students to use government loan programs (HECS‑HELP/FEE‑HELP), giving official recognition to its higher‑education courses and student financial support."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument carries out the specific statutory function of approving a named provider under HESA (decision under s16-25 and notice under para 16-50(1)(b)) and sets its commencement mechanism (s16-55 and Legis. Instruments Act s12(3)). It does not alter or expand the statutory scheme or the provider’s statutory obligations."},"complexity_factors":["Narrow, single-purpose instrument (approval of one provider) reduces substantive complexity","Relies on cross-references to HESA (s16-25, 16-50, 16-55) and the Legislative Instruments Act s12(3)","Operative effect tied to parliamentary disallowance timing (procedural dependency)","Decision made by a ministerial delegate — delegation and administrative-signature formalities","No detailed operational conditions or bespoke regulatory obligations specified in the instrument"],"plain_english_summary":"This instrument formally approves Southbank Institute of Technology as a higher‑education provider under the Higher Education Support Act 2003. The approval was made by a ministerial delegate and notice is given to the provider; the instrument takes effect after the parliamentary disallowance period ends (see s16‑55 and Legislative Instruments Act s12(3)).\n\nEffect: the institute becomes subject to HESA’s eligibility, funding and regulatory framework. The decision-maker is a delegate of the Minister; the government carries oversight costs and the institute gains new compliance obligations and access to HESA‑linked entitlements."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-4-of-2009","history":"/api/acts/higher-education-provider-approval-no-4-of-2009/history","analysis":"/api/acts/higher-education-provider-approval-no-4-of-2009/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-4-of-2009/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-4-of-2009/important-cases","documents":"/api/acts/higher-education-provider-approval-no-4-of-2009/documents"}}