{"id":"F2008L01333","name":"Higher Education Provider Approval (No. 5 of 2008)","slug":"higher-education-provider-approval-no-5-of-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73584,"registerId":"commonwealth-F2008L01333-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 5 of 2008)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No 5 of 2008)\n\nApproval pursuant to section 16-25 and notice of approval pursuant to paragraph 16-50(1)(b).\n\nI, COLIN WALTERS, a delegate of the Minister for Education, Employment and Workplace Relations for the purposes of section 16-25 of the Higher Education Support Act 2003 (‘the HESA’) have approved Leo Cussen Institute as a higher education provider under that section of the HESA, and:\n\n(a) note that the application of Leo Cussen Institute for approval as a higher education provider has thereby been decided as required by paragraph 16-50(1)(a) of the HESA; and\n\n(b) pursuant to paragraph 16-50(1)(b) of the HESA give notice of my approval to\n\nLeo Cussen Institute.\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 5th day of May 2008\n\nCOLIN WALTERS\n\nGroup Manager, Higher Education Group\n\nDepartment of Education, Employment and Workplace Relations","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 16-25 of the HESA. It has no scope beyond approving a single named provider and does not purport to amend or expand the underlying legislative framework."},"complexity_factors":["Single-purpose administrative instrument with no defined terms section","No conditional logic or nested exceptions","Straightforward procedural document executing a specific statutory power","Only two operative provisions cited (sections 16-25 and 16-50 of the HESA)","Length: approximately 200 words"],"plain_english_summary":"Leo Cussen Institute has been officially approved to operate as a higher education provider under the Higher Education Support Act 2003, a decision made by Colin Walters acting for the Minister for Education. This allows the Institute to offer tertiary courses and makes its students potentially eligible for HELP loans and other Commonwealth support.\n\nThe approval functions as a regulatory licence—enabling access to government funding and enforcing quality/accountability—and takes effect after the standard parliamentary disallowance period."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument implements an approval decision under the HESA for a specified applicant. It does not alter statutory scope or create new regulatory obligations; it records the delegate's approval, the statutory notice requirement, and the commencement timing under the disallowance regime."},"complexity_factors":["Narrow, single-purpose instrument: records an individual approval rather than creating broad rules.","References multiple statutory provisions (HESA ss 16-25, 16-50(1)(a), 16-50(1)(b), 16-55) requiring statutory cross-checking.","Involves Legislative Instruments Act timing rule (s 12(3)) for commencement — administrative timing detail.","Decision made by a delegated official (delegate of the Minister) so one must verify delegation limits and authority.","Low factual complexity but requires precision to ensure formal notice and commencement mechanics are correct."],"plain_english_summary":"A delegate of the Minister has formally approved Leo Cussen Institute as a higher education provider under the Higher Education Support Act 2003 (s 16-25). The instrument records that the application has been decided (para 16-50(1)(a)), gives notice of approval (para 16-50(1)(b)) and states the approval takes effect after the parliamentary disallowance period (s 16-55; Legis. Instruments Act s 12(3))."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-5-of-2008","history":"/api/acts/higher-education-provider-approval-no-5-of-2008/history","analysis":"/api/acts/higher-education-provider-approval-no-5-of-2008/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-5-of-2008/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-5-of-2008/important-cases","documents":"/api/acts/higher-education-provider-approval-no-5-of-2008/documents"}}