{"id":"F2016L02005","name":"Higher Education Provider Approval No. 4 of 2016","slug":"higher-education-provider-approval-no-4-of-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95664,"registerId":"commonwealth-F2016L02005-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 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: Higher Education Provider Approval No. 4 of 2016\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\nHigher Education Provider Approval  No. 4 of 2016\n\nmade under sections 16-25, 16-50 and 16-60 of the\n\nHigher Education Support Act 2003\n\nCompilation No. 1\n\nCompilation date:    22 December 2016\n\nIncludes amendments up to: F2017L01171\n\nRegistered:    16 November 2017\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Higher Education Provider Approval No. 4 of 2016 that shows the text of the law as amended and in force on 22 December 2016 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf-repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\n \n\nNOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 4 of 2016\n\n \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, Melissa Reardon, 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 Australian College of Nursing Ltd (ACN:  154 924 642, ABN: 48 154 924 642) as a higher education  provider in accordance with section 16-25 of the Act; and\n\n(b) impose conditions on the approval of Australian College of Nursing 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 Australian College of Nursing Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give Australian College of Nursing Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n1. Australian College of Nursing Ltd must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.\n\n2. Australian College of Nursing Ltd must maintain a positive equity position for the period of its approval.\n\n3. Australian College of Nursing Ltd will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.\n\n4. Australian College of Nursing 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\n5. Australian College of Nursing Ltd must provide the department responsible for administering the Act 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.\n\n6. Australian College of Nursing Ltd must, in writing, advise the department responsible for administering the Act of any events affecting Australian College of Nursing Ltd or a related entity that may significantly affect the capacity of Australian College of Nursing 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\n7. Australian College of Nursing Ltd must inform the department responsible for administering the Act 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\n8. Australian College of Nursing Ltd must, as soon as practicable advise the department responsible for administering the Act 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\n9. Australian College of Nursing Ltd must, as soon as practicable,  advise the department responsible for administering the Act 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\n10. Australian College of Nursing Ltd must report data monthly for two years from the date of\n\napproval.\n\n \n\n \n\n \n\nIn accordance with section 16-55 to 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\n \n\n \n\nDate: 20 December 2016\n\n \n\n \n\n \n\nMelissa Reardon\n\nBranch Manager  \n\nFunding Policy and Legislation Branch\n\nHigher Education Group\n\nDelegate of the Minister for Education and Training\n\n \n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. \n\nEndnote 2—Abbreviation key\n\n \n\n| ad = added or inserted | o = order(s) |\n| --- | --- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n\n \n\n \n\nEndnote 3—Legislation history\n\n \n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- |\n| Higher Education Provider Approval No. 4 of 2016 | 21 Dec 2016 (F2016L02005) | 22 Dec 2016 |  |\n| Higher Education Support (Australian College of Nursing Ltd) Higher Education Provider Approval Amendment 2017 | 13 Sept 2017 (F2017L01171) | 22 Dec 2016 (s 2) | — |\n\n\n \n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| para 9................... | am F2017L01171 |\n|  | ed C1 |\n\n\n \n\n \n\nEndnote 5—Editorial changes\n\nIn preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.\n\n \n\nParagraph 9\n\n \n\nKind of editorial change\n\n \n\nGive effect to the misdescribed amendment as intended\n\n \n\nDetails of editorial change\n\n \n\n2 Commencement\n\n  This instrument commences on 20 December 2016.\n\n \n\nThe commencement date of the principal instrument was 22 December 2016. The amendment is unable to commence before that date.\n\n \n\nThis compilation was editorially changed to incorporate the amendment from section 4 as commencing on 22 December 2016 and give effect to the misdescribed amendment as intended.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific administrative approval for a single higher education provider (Australian College of Nursing Ltd). It has not expanded beyond its original purpose of granting approval with conditions under the Higher Education Support Act 2003."},"complexity_factors":["Single-purpose administrative instrument (approval of one specific provider)","Only 10 operative conditions, mostly straightforward financial and reporting requirements","Minimal cross-referencing (only references to sections 16-25, 16-50, 16-55 and 16-60 of the Higher Education Support Act 2003, and one reference to section 50AAA of the Corporations Act 2001)","No defined terms section (only one term 'associated entity' is defined by reference to external legislation)","Simple linear structure: approval decision followed by numbered conditions","One minor amendment (2017) correcting a commencement date issue"],"plain_english_summary":"The Minister’s delegate has approved Australian College of Nursing Ltd to operate as a higher education provider under the Higher Education Support Act 2003, allowing it to offer university-level courses and access HELP student loans.  \n\nApproval carries strict financial and reporting conditions—maintain a current ratio ≥1.0 and positive equity, prohibit related-party loans/guarantees and asset security (except normal bank finance), submit annual and prompt incident notices, plus monthly reporting for two years—to protect students and taxpayers."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remains within the original and explicit purpose: to approve a named entity as a higher education provider and to impose conditions on that approval under the Higher Education Support Act 2003. Amendments recorded in the endnotes are minor (a correction to paragraph 9) and do not materially expand the instrument’s scope beyond approving the College and imposing financial, reporting and notification conditions."},"complexity_factors":["Short, single-purpose instrument (approval of one provider) with 10 numbered conditions","Cross-references to other legislation: Higher Education Support Act 2003 (ss.16-25, 16-50, 16-60) and Corporations Act 2001 s.50AAA (definition of associated entity)","Concrete numeric financial tests (current ratio ≥ 1.0; positive equity) combined with qualitative notification duties","Multiple reporting timelines and deadlines (annual financial return by 31 December; monthly data for two years; 10 working‑day notification windows)","One duplicated condition (Conditions 8 and 9 repeat the same obligation), and a minor amendment history noted in endnotes","No elaborate exceptions framework or nested conditional logic — obligations are mostly standalone and administrative"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This is an administrative approval that registers Australian College of Nursing Ltd (ACN: 154 924 642, ABN: 48 154 924 642) as a higher education provider under the Higher Education Support Act 2003 (the Act).\n- The approval is conditional: it attaches 10 named conditions that ACN must meet for the duration of the approval (Conditions 1–10). The approval was given by a delegate of the Minister under sections 16-25, 16-50 and 16-60 of the Act.\n\nWho it affects\n\n- Directly: Australian College of Nursing Ltd — the entity that received the approval and must comply with each condition (Conditions 1–10).\n- Indirectly: any related entities and directors of the College (because some conditions restrict guarantees/loans and use of assets as security), and the Commonwealth department responsible for administering the Act which monitors compliance.\n\nKey conditions (how the College must behave)\n\n- Financial health tests: keep a current ratio of at least 1.0 (Condition 1) and maintain positive equity (Condition 2).\n- Restrictions on related-party financing and security: do not give new guarantees or loans to directors or related entities that could materially affect finances (Condition 3); do not use College assets as security for others (including associated entities) except for commercial loans from recognised financial institutions (Condition 4). \"Associated entity\" is defined by s.50AAA of the Corporations Act 2001 (see Condition 4).\n- Reporting and notice requirements: supply annual financial information as specified in the Financial Viability Instructions by 31 December each year (Condition 5); report monthly data for two years from approval date (Condition 10); notify the department within 10 working days of events that may significantly affect its capacity to meet quality/accountability requirements (Condition 6) and of changes to directors, company structure or constitution (Condition 7).\n- Regulatory transparency: advise the department as soon as practicable of any regulatory action relating to Australian Consumer Law and/or fair trading laws (Conditions 8 and 9).\n\nWhy it matters (stated purpose and practical implications)\n\n- Stated purpose: the instrument implements the statutory power to approve a provider and to impose conditions designed to protect the integrity of higher education funding and quality oversight under the Act. It aims to ensure the College remains financially viable and transparent to the department.\n\n- Costs and compliance burden (who pays): the College bears all compliance costs — maintaining liquidity/equity, meeting reporting timelines, and legal/commercial constraints on financing. Preparing annual financial submissions and monthly data (for two years) creates recurring administrative work (Conditions 5 and 10). Rapid notification obligations (10 working days for certain events) impose monitoring and governance costs (Conditions 6 and 7).\n\n- Incentives and behavioural effects: the financial thresholds and restrictions on guarantees/asset security reduce the College’s freedom to use related-party financing or to heavily encumber its assets. That can limit leverage and affect its ability to raise capital quickly or offer support to related entities (Conditions 3 and 4). The transparency requirements increase the department’s informational advantage and make regulatory intervention more feasible.\n\n- Trade-offs and opportunity costs: limiting use of assets as security may increase the College's cost of borrowing (it must rely on recognised financial institutions or unencumbered borrowing), or reduce access to certain forms of finance. Conversely, the conditions lower some financial risk to government funding programs by keeping the provider on a stronger balance-sheet footing.\n\n- Implementation risk and enforcement: ministerial or departmental discretion under the Act governs monitoring and any enforcement response to breaches. The instrument does not itself specify sanctions in this notice; noncompliance would be handled under the Act’s broader compliance powers.\n\n- Effects on markets and competition: the instrument applies to this single provider. It restricts that provider’s financial and corporate actions but does not change market rules for other providers or for higher education generally. It could modestly affect the College’s competitiveness if the conditions reduce its ability to fund growth relative to competitors without similar constraints.\n\nPractical bottom line (who decides, who pays, what changes)\n\n- Who decides: the Minister (via delegate) approved the provider and set these conditions under the Act (notice signed by delegate Melissa Reardon).\n- Who pays: Australian College of Nursing incurs compliance and potential financing cost increases; the department collects the information and monitors compliance.\n- What behaviour changes: the College must operate with minimum liquidity and equity, avoid new related-party guarantees/loans, limit use of assets as security, and meet prompt reporting and notification obligations (Conditions 1–10).\n\nRelevant legal hooks cited in the instrument: approval under ss.16-25, 16-50 and 16-60 of the Higher Education Support Act 2003; the definition of \"associated entity\" referenced to s.50AAA of the Corporations Act 2001 (Condition 4).\n\nNotes on drafting/administration\n\n- The instrument is narrowly framed: it approves a single entity and attaches financial/ reporting conditions. Two conditions (8 and 9) duplicate the same obligation to notify regulatory activity regarding consumer law/fair trading.\n- An administrative amendment history is recorded in the endnotes; one minor amendment affected paragraph 9.\n\n(References: Conditions 1–10 in the Notice of Approval document; statutory authority cited in instrument header.)"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-4-of-2016","history":"/api/acts/higher-education-provider-approval-no-4-of-2016/history","analysis":"/api/acts/higher-education-provider-approval-no-4-of-2016/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-4-of-2016/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-4-of-2016/important-cases","documents":"/api/acts/higher-education-provider-approval-no-4-of-2016/documents"}}