{"id":"F2009L03327","name":"Higher Education Provider Approval (No. 5 of 2009)","slug":"higher-education-provider-approval-no-5-of-2009","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":140869,"registerId":"commonwealth-F2009L03327-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 5 of 2009)","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 5 of 2009\n\nApproval under section 16-25, decision under paragraph 16-50(1)(a), and notice of approval under paragraph 16-50(1)(b) of the Higher Education Support Act 2003 (HESA).\n\nI, Fiona Buffinton, a delegate of the Minister for Education for the purposes of sections 16-25 and 16-50 of the Higher Education Support Act 2003 (HESA):\n\n(a) approve the application of Group Colleges Australia Pty Ltd as a higher education provider in accordance with section 16-25 of HESA; and\n\n(b) note that this approval decides the application of Group Colleges Australia Pty Ltd as required by paragraph 16-50(1)(a) of HESA; and\n\n(c) hereby give Group Colleges Australia Pty Ltd written notice of my approval as required by paragraph 16-50(1)(b) of HESA.\n\nIn accordance with paragraph 16-55(2) of the HESA 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 …………26…………. day of …………August………………………….. 2009\n\nSigned………Fiona Buffinton…………………………\n\nFiona Buffinton\n\nGroup Manager\n\nHigher Education Group\n\nDepartment of Education, Employment and Workplace Relations\n\nDelegate of the Minister for Education","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a specific administrative approval instrument exercising powers conferred by the Higher Education Support Act 2003. It has not expanded beyond its original purpose of approving a single entity as a higher education provider."},"complexity_factors":["Single-purpose administrative instrument with no defined terms section","No cross-references to other legislation beyond citing the empowering Act (HESA)","Straightforward conditional logic: three simple declaratory paragraphs (a), (b), and (c)","No exceptions, nested conditions, or operative provisions beyond the basic approval mechanism","Length: approximately 200 words of substantive content"],"plain_english_summary":"This notice approves Group Colleges Australia Pty Ltd to operate as a higher education provider under the Higher Education Support Act 2003, allowing it to offer degree- and diploma-level courses and to be eligible for government funding and student financial assistance (e.g. FEE‑HELP).\n\nThe decision, made by Fiona Buffinton as delegate of the Minister for Education, takes effect after the standard parliamentary disallowance period."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument implements an individual provider approval under existing HESA powers; it does not change the Act’s substantive scope, criteria or coverage but records a procedural administrative decision with statutory timing for commencement."},"complexity_factors":["Procedural nature: single approval for a named entity rather than broad legislative change","Statutory references to HESA decision and notice provisions (sections 16-25, 16-50, 16-55(2))","Delegated decision-making by a departmental official rather than full ministerial instrument","Timing/operational effect tied to the parliamentary disallowance period","Practical effects on funding eligibility and compliance obligations for the approved provider"],"plain_english_summary":"This instrument approves Group Colleges Australia Pty Ltd as a higher education provider under the Higher Education Support Act 2003, records the delegate’s decision and gives written notice. The approval takes effect the day after the parliamentary disallowance period ends.\n\nThe approval makes the provider eligible for rights and obligations under HESA (for example, access to Commonwealth program arrangements) and imposes compliance duties on the provider; it is an administrative decision by a departmental delegate rather than a legislative amendment."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-5-of-2009","history":"/api/acts/higher-education-provider-approval-no-5-of-2009/history","analysis":"/api/acts/higher-education-provider-approval-no-5-of-2009/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-5-of-2009/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-5-of-2009/important-cases","documents":"/api/acts/higher-education-provider-approval-no-5-of-2009/documents"}}