{"id":"F2009L03336","name":"Higher Education Provider Approval (No. 6 of 2009)","slug":"higher-education-provider-approval-no-6-of-2009","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":140885,"registerId":"commonwealth-F2009L03336-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 6 of 2009)","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 6 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 Holmes Institute Pty Ltd as trustee for Holmes Institute Trust 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 Holmes Institute Pty Ltd as trustee for Holmes Institute Trust as required by paragraph 16-50(1)(a) of HESA; and\n\n(c) hereby give Holmes Institute Pty Ltd as trustee for Holmes Institute Trust written notice of my approval as required by paragraph 16-50(1)(b) of HESA.\n\nCommencement\n\nThis instrument of approval is taken to have commenced on 11 December 2005.\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":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument grants approval to Holmes Institute and backdates its commencement to 11 December 2005. That alters the effective date but does not expand or narrow the substantive scope of provider approval set out in the Higher Education Support Act 2003; the instrument does not add conditions, obligations or exclusions beyond recording the approval and its retrospective commencement."},"complexity_factors":["Narrow administrative purpose: single-provider approval rather than broad regulatory reform","Use of statutory hooks (sections 16-25 and 16-50 of HESA) requires cross-reference to primary Act","Retrospective commencement (effective 11 December 2005) adds a temporal legal effect to a 2009 instrument","Decision made by an authorised delegate rather than the Minister directly (delegated authority)","No conditions, fees, or procedural detail included in the instrument (simplicity of operative content)"],"plain_english_summary":"This instrument, signed by the Minister’s delegate Fiona Buffinton, approves Holmes Institute Pty Ltd (as trustee for Holmes Institute Trust) as a higher education provider under the Higher Education Support Act 2003 (secs 16‑25, 16‑50). It takes effect retrospectively from 11 December 2005, conferring the legal status and the statutory obligations and entitlements that attach to recognised providers; the notice records the decision and its backdated commencement but contains no further terms."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a discrete administrative approval instrument with no scope beyond its original purpose. It performs exactly one function: approving Holmes Institute as a higher education provider under the specific legislative provisions cited."},"complexity_factors":["Single-purpose administrative instrument — only approves one specific provider","No defined terms section — all terms reference the parent Act (HESA)","No conditional logic or exceptions — straightforward approval with three declaratory paragraphs","No cross-references beyond citations to specific sections of HESA","Total length: approximately 200 words","Standardised template language used for all provider approvals under this section"],"plain_english_summary":"Holmes Institute has been officially approved to operate as a higher education provider under the Higher Education Support Act 2003. The approval—signed by Fiona Buffinton as delegate—allows the institute to offer university‑level courses and makes students potentially eligible for Commonwealth student assistance (e.g. HELP). The approval is backdated to 11 December 2005 (document signed August 2009), formalising its earlier operating status and access to government funding."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-6-of-2009","history":"/api/acts/higher-education-provider-approval-no-6-of-2009/history","analysis":"/api/acts/higher-education-provider-approval-no-6-of-2009/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-6-of-2009/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-6-of-2009/important-cases","documents":"/api/acts/higher-education-provider-approval-no-6-of-2009/documents"}}