{"id":"F2020L01662","name":"Higher Education Provider Approval No 4 of 2020","slug":"higher-education-provider-approval-no-4-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":130906,"registerId":"commonwealth-F2020L01662-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval No 4 of 2020","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 4 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 the Australian Chiropractic College Limited (ABN: 84 612 258 072, ACN: 612 258 072) as a higher education provider in accordance with section 16\\-25 of the Act;\n\n(b) impose conditions on the approval of the Australian Chiropractic College Limited 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 the Australian Chiropractic College Limited as required by paragraph 16-50 (1a) of the Act; and\n\n(d) hereby give the Australian Chiropractic College Limited written notice of my approval as required by paragraph 16-50 (1b) of the Act.\n\nConditions\n\n    Australian Chiropractic College Limited must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.\n\n    2. Australian Chiropractic College Limited must maintain a positive equity position for the period of its approval.\n\n    3. Australian Chiropractic College Limited will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.\n\n    4. Australian Chiropractic College Limited 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\n    5. Australian Chiropractic College Limited 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: Applicants and Providers of FEE-HELP on an annual basis by no later than 31 December each year for the period of its approval.\n\n    6. Australian Chiropractic College Limited must provide the department responsible for administering the Higher Education Support Act 2003 with audited financial statements, prepared in accordance with requirements of Financial Viability Instructions: Applicants and Providers of FEE-HELP, in respect of the Australian Chiropractic Investment Holdings Pty Ltd as trustee for the Australian Chiropractic College Investment Trust on an annual basis by no later than 31 December each year for the period of its approval, or so long as Australian Chiropractic Investment Holdings Pty Ltd as trustee for the Australian Chiropractic College Investment Trust remains in operation.\n\n    7. Australian Chiropractic College Limited must, in writing, advise the department responsible for administering the Higher Education Support Act 2003 of any events affecting Australian Chiropractic College Limited or a related entity that may significantly affect the capacity of Australian Chiropractic College Limited 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\n    8. Australian Chiropractic College Limited 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    9. Australian Chiropractic College Limited 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\n    10. Australian Chiropractic College Limited 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\n    11. Australian Chiropractic College Limited must inform each student in writing at the time of their application to study with Australian Chiropractic College Limited as to its current status in relation to its receiving accreditation from the Council of Chiropractic Education Australia. This should take the form of the recommended statement as provided by the Council of Chiropractic Education Australia. This condition remains applicable until such time as Australian Chiropractic College Limited may attain full, unconditional accreditation from the Council of Chiropractic Education Australia.\n\n    12. Australian Chiropractic College Limited must inform each student in writing at the time of their application to study with Australian Chiropractic College Limited as to the total cost of their course and the likelihood of the incursion of out of pocket expenses associated with the possibility of exceeding their capacity to access HELP funds as a result of the HELP Loan Limit.\n\n    13. Australian Chiropractic College Limited must report student data into HEIMS monthly for two years from the date of approval.\n\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: 18 December 2020\n\nDamian Coburn  \nAssistant 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":"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":4,"scope_assessment":{"changed":false,"description":"The instrument grants the applicant higher‑education provider status under the Act while imposing conditions on that approval. It does not expand or alter the statutory scope of provider powers in the Act; instead it conditions the exercise of those powers by adding financial, reporting and disclosure requirements that constrain the provider's behaviour."},"complexity_factors":["Multiple, ongoing financial conditions that set quantitative thresholds (current ratio ≥ 1.0; positive equity) create continuous monitoring and compliance obligations (Conditions 1–2).","Restrictions on related‑party transactions and security over assets constrain financing options and require corporate governance checks (Conditions 3–4; reference to Corporations Act s50AAA).","Regular reporting obligations reference external instruments and timetables: annual financial information and audited statements must meet the Financial Viability Instructions and be provided by 31 December each year (Conditions 5–6).","Operational notification requirements impose short timeframes and open‑ended standards: events that may significantly affect capacity must be reported within 10 working days; changes to directors/structure/constitution must also be notified within 10 working days (Conditions 7–8).","Broad 'as soon as practicable' notification duties for regulatory activity (Conditions 9–10) introduce administrative discretion and potential uncertainty about timeliness.","Student disclosure obligations require statements at application time about accreditation status and total course costs / HELP exposure, imposing admission‑phase compliance and potential consumer‑facing liability (Conditions 11–12).","Monthly HEIMS reporting for two years creates an elevated periodic administrative burden on student data systems and processes (Condition 13).","Cross‑references to external regulatory materials (Financial Viability Instructions; Council of Chiropractic Education Australia guidance) increase implementation complexity and dependence on other instruments (Conditions 5–6, 11).","Delegated decision‑making: approval is made by a Ministerial delegate citing multiple statutory powers (sections 16‑25, 16‑50, 16‑60), concentrating enforcement and interpretive discretion in the Department."],"plain_english_summary":"This instrument approves Australian Chiropractic College Limited as a higher education provider under the Higher Education Support Act 2003 and attaches 13 conditions to that approval. It requires the college to meet financial thresholds, restrict certain related‑party financial dealings, submit regular audited and HEIMS reports, and give prompt notices of events or regulatory actions.\n\nThe college bears the compliance costs and faces limits on financing and related‑party transactions; the Department (delegate of the Minister) monitors compliance and can enforce the conditions, changing incentives for governance and disclosure."},"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 serves its original purpose of approving a specific provider with conditions. There is no indication of scope creep as this is a single-instance approval rather than an evolving legislative scheme."},"complexity_factors":["Single-purpose administrative instrument (approval notice) with straightforward structure","13 numbered conditions that are mostly operational/financial requirements rather than legal technicalities","Minimal cross-referencing (only references to specific sections of the Higher Education Support Act 2003 and Corporations Act 2001 for defined terms)","One defined term used ('Associated entity' referencing section 50AAA of the Corporations Act 2001)","Clear conditional logic (if X happens, do Y within Z days)","No nested exceptions or complex legislative machinery"],"plain_english_summary":"The government has approved Australian Chiropractic College Limited to operate as a higher education provider, enabling it to offer chiropractic courses whose students may be eligible for HELP loans. The approval affects prospective students (access to government assistance) and the college (must meet strict financial, reporting and conduct conditions). These conditions impose tight oversight to protect students and taxpayer funds by ensuring the college’s financial stability and transparency."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-4-of-2020","history":"/api/acts/higher-education-provider-approval-no-4-of-2020/history","analysis":"/api/acts/higher-education-provider-approval-no-4-of-2020/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-4-of-2020/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-4-of-2020/important-cases","documents":"/api/acts/higher-education-provider-approval-no-4-of-2020/documents"}}