{"id":"F2016L02008","name":"Higher Education Provider Approval No. 5 of 2016","slug":"higher-education-provider-approval-no-5-of-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95667,"registerId":"commonwealth-F2016L02008-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 2016","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No. 5 of 2016\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\n\nI, Melissa Reardon, a delegate of the Minister for Education and Training for the purposes of sections 16-25, 16-50 and 16-60 of the Higher Education Support Act 2003 (the Act):\n\n(a) approve the application of Proteus Technologies Pty Ltd (ACN: 112 989 581, ABN: 95 112 989 581) as a higher education provider in accordance with section 16‑25 of the Act; and\n\n(b) impose conditions on the approval of Proteus Technologies Pty Ltd in accordance with section 16‑60 of the Act; and\n\n(c) note that this approval decides the application of Proteus Technologies Pty Ltd as required by paragraph 16‑50(1)(a) of the Act; and\n\n(d) hereby give Proteus Technologies Pty Ltd written notice of my approval as required by paragraph 16‑50(1)(b) of the Act.\n\nConditions\n\n    Proteus Technologies 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    Proteus Technologies Pty Ltd must maintain a positive equity position for the period of its approval.\n    Proteus Technologies Pty 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    Proteus Technologies 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    Proteus Technologies Pty 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    Proteus Technologies Pty Ltd must, in writing, advise the department responsible for administering the Act of any events affecting Proteus Technologies Pty Ltd or a related entity that may significantly affect the capacity of Proteus Technologies 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    Proteus Technologies Pty 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    Proteus Technologies Pty Ltd must advise the department responsible for administering the Act 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    Proteus Technologies Pty Ltd must 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    Proteus Technologies Pty Ltd must report student 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: 20 December 2016\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","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"On its face this instrument grants approval to a single applicant and imposes conditions; it does not state any expansion or reduction of the statutory scope of who may be approved under the Act. There is no textual indication here that the Act's broader coverage or policy scope has been altered."},"complexity_factors":["Multiple statutory references and legal hooks (approval and notice under s16‑25, s16‑50(1)(a)/(b); conditions under s16‑60; commencement under s16‑55 and Legislation Act s12) increase legal integration requirements.","Quantitative financial thresholds (current ratio ≥ 1.0; positive equity) require accounting measurement, verification and ongoing monitoring by the provider.","Restrictions on guarantees, loans and asset security, with cross‑reference to Corporations Act s50AAA, constrain corporate finance and related‑party transactions.","Regular reporting obligations: annual financial information per Financial Viability Instructions (by 31 December) and monthly student data for two years create operational data and timing burdens.","Short notification windows (10 working days) for events, director/structure changes and regulatory actions increase responsiveness and administrative workload.","Delegated administrative decision (named delegate) and unspecified enforcement remits create discretion in compliance assessment and potential uncertainty for the provider."],"plain_english_summary":"This instrument approves Proteus Technologies Pty Ltd as a higher education provider under the Higher Education Support Act 2003 (s16‑25) and imposes conditions under s16‑60. Key obligations require maintaining a current ratio of at least 1.0 and positive equity, restricting guarantees/asset security to protect finances, and providing periodic financial, regulatory and student data reports.\n\nThe obligations place monitoring and compliance costs on Proteus and its directors, limit certain related‑party financial arrangements (see Corporations Act s50AAA cross‑reference), and give the department enforcement discretion under the cited Act sections."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument that serves its original purpose exactly as intended. It approves one specific provider under the statutory framework without expanding beyond the scope of section 16-25 of the Higher Education Support Act 2003."},"complexity_factors":["Single-purpose administrative instrument with straightforward structure","Only 10 specific conditions, all clearly enumerated","Minimal cross-referencing (only references to sections 16-25, 16-50, 16-55, 16-60 of the Higher Education Support Act 2003, section 12 of the Legislation Act 2003, and section 50AAA of the Corporations Act 2001 for one defined term)","No nested exceptions or conditional logic","Plain language conditions with specific measurable thresholds (e.g., 'current ratio of 1.0 or above', '10 working days')","Short document (approximately 500 words)"],"plain_english_summary":"Proteus Technologies Pty Ltd has been approved as an Australian higher education provider, authorising it to deliver university‑level courses and enable student access to Commonwealth assistance (including HELP). The approval affects the company, prospective students, and the Department of Education, and includes strict financial, reporting and notification conditions imposed to protect students and taxpayers and ensure the provider’s ongoing viability and accountability."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-5-of-2016","history":"/api/acts/higher-education-provider-approval-no-5-of-2016/history","analysis":"/api/acts/higher-education-provider-approval-no-5-of-2016/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-5-of-2016/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-5-of-2016/important-cases","documents":"/api/acts/higher-education-provider-approval-no-5-of-2016/documents"}}