{"id":"F2017L01281","name":"Higher Education Provider Approval No. 4 of 2017","slug":"higher-education-provider-approval-no-4-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97208,"registerId":"commonwealth-F2017L01281-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 2017","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 4 of 2017\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.\n\nI, Andrew Herd, 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 Wentworth Institute of Higher Education Pty Ltd (ACN: 141 843 218; ABN: 71 141 843 218) as a higher education provider in accordance with section 16\\-25 of the Act; and\n\n(b) impose conditions on the approval of Wentworth 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 Wentworth Institute of Higher Education Pty Ltd as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give Wentworth 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. Wentworth 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.\n\n2\\. Wentworth Institute of Higher Education Pty Ltd must maintain a positive equity position for the period of its approval.\n\n3\\. Wentworth Institute of Higher Education 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\n4\\. Wentworth 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.\n\n5. Wentworth Institute of Higher Education 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 Act with:\n\n    a) a financial statement that complies with section 19-10 of the Act; and\n    b) a declaration by an external and independent public accountant or qualified auditor that Wentworth Institute of Higher Education 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\n6\\. Wentworth 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 Wentworth Institute of Higher Education Pty Ltd or a related entity that may significantly affect the capacity of Wentworth 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.\n\n7\\. Wentworth 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\n8\\. Wentworth 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 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\n9\\. Wentworth 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\n10. Wentworth Institute of Higher Education Pty Ltd must report data monthly for two years from the date of 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: 15 September 2017\n\nDr Andrew Herd\n\nA/g Branch Manager\n\nFunding Policy and Legislation Branch\n\nHigher Education Group\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 discrete administrative approval instrument under the Higher Education Support Act 2003. It performs exactly the function intended by the parent Act: approving a specific provider and imposing tailored conditions. There is no scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Single-purpose administrative instrument with straightforward structure","Only 10 conditions, mostly expressed in plain commercial language","Limited cross-referencing: only references sections 16-25, 16-50, 16-55, 16-60 of the Higher Education Support Act 2003, section 50AAA of the Corporations Act 2001, and section 12 of the Legislation Act 2003","No nested definitions or recursive conditional logic","Standard template format used for provider approvals","Financial conditions use standard accounting ratios (current ratio, equity position) without elaborate formulae"],"plain_english_summary":"Wentworth Institute of Higher Education Pty Ltd has been officially approved as an Australian higher education provider, enabling it to offer university-level courses and access federal student funding (HELP). The approval affects the company, its students—who gain confidence and loan access—and government oversight. It carries strict financial and reporting conditions to protect students and taxpayers, ensuring the provider remains solvent, transparent, and promptly accountable for significant events."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not change the statutory scope of the Higher Education Support Act 2003. It is an approval decision that admits Wentworth Institute as a provider and attaches conditions under the Act (approval under s16‑25; conditions under s16‑60; decision and notice under s16‑50). It imposes ongoing reporting and financial requirements on the approved provider but does not alter legislative objects or coverage (see also commencement per s16‑55 and Legislation Act 2003 s12)."},"complexity_factors":["Several specific ongoing financial tests to monitor (current ratio ≥ 1.0 and positive equity) (conditions 1–2)","Prohibition and limitation on related‑party guarantees, loans and use of assets as security, referencing Corporations Act s50AAA for 'associated entity' (conditions 3–4)","Annual audited financial statement plus external accountant declaration covering multiple tax and superannuation obligations, creating audit and compliance burden (condition 5)","Short notification timeframes for events and governance changes (10 working days) and 'as soon as practicable' requirements for regulatory actions, increasing administrative responsiveness (conditions 6–9)","Monthly data reporting requirement for two years from approval, producing ongoing reporting costs and systems needs (condition 10)","Decision made by Ministerial delegate under specified Act provisions (ss16‑25, 16‑50, 16‑60) — administrative discretion in imposing conditions","Instrument is an approval with conditions rather than an amendment to primary legislation; legal effect depends on enforcement by the administering department"],"plain_english_summary":"This instrument approves Wentworth Institute of Higher Education as a higher education provider (decision by the Minister’s delegate under ss16‑25, 16‑50, 16‑60) and attaches ongoing financial, governance and reporting conditions. Wentworth must meet liquidity and equity tests, avoid certain related‑party financings, supply annual audited financial statements and tax‑compliance declarations, notify the department quickly of significant events and report monthly for two years (conditions 1–10). The institute bears the compliance and reporting costs; the department monitors adherence."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-4-of-2017","history":"/api/acts/higher-education-provider-approval-no-4-of-2017/history","analysis":"/api/acts/higher-education-provider-approval-no-4-of-2017/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-4-of-2017/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-4-of-2017/important-cases","documents":"/api/acts/higher-education-provider-approval-no-4-of-2017/documents"}}