{"id":"F2006L02403","name":"Higher Education Provider Approval (No. 8 of 2006)","slug":"higher-education-provider-approval-no-8-of-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":117692,"registerId":"commonwealth-F2006L02403-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 8 of 2006)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No. 8 of 2006)\n\nApproval and notice of approval pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003.\n\nI, COLIN WALTERS, of the Department of Education, Science and Training, acting as a delegate pursuant to subsection 16-50 (1) of the Higher Education Support Act 2003 (‘the HESA’) hereby approve and give notice of approval of the following body corporate as a higher education provider:\n\nJMC Pty. Limited trading as The JMC Academy\n\nIn accordance with section 16-55 of the HESA and subsection 12(3) of the Legislative Instruments Act 2003, this approval takes effect on the day after the last day on which a House of Parliament could have passed a resolution disallowing the notice.\n\nInformation as is specified in the Higher Education Provider Guidelines as information that must be provided to an applicant upon approval as a higher education provider is set out in Attachment 1 to this notice. Attachment 1 forms part of the contents of this notice.\n\nDated this 18 day of July 2006.\n\n(signed)\n\nCOLIN WALTERS\n\nGroup Manager, Higher Education Group\n\nDepartment of Education, Science and Training\n\n  \nAttachment 1\n\nINFORMATION REGARDING HIGHER EDUCATION PROVIDERS’ OBLIGATIONS IN RELATION TO THE QUALITY AND ACCOUNTABILITY REQUIREMENTS UNDER THE HIGHER EDUCATION SUPPORT ACT 2003 (‘the HESA’)\n\nIn accordance with subsection 16-50(4) of the HESA and Chapter 5 of the Higher Education Provider (HEP) Guidelines, the following information is provided to an approved Higher Education Provider (HEP) regarding its obligations under the quality and accountability requirements:\n\nFinancial Viability Requirements (Subdivision 19-B of the HESA)\n\n-   A HEP must meet the financial viability requirements set out in Subdivision 19-B of the HESA\\*.\n\nQuality Requirements (Subdivision 19-C of the HESA)\n\n-   A HEP must meet the quality requirements set out in Subdivision 19-C of the HESA\\* and must comply with the requirements of the Higher Education Provider Guidelines\\*\\*.\n\nFairness Requirements (Subdivision 19-D of the HESA)\n\n-   A HEP must meet the fairness requirements set out in Subdivision 19-D of the HESA\\* and must comply with the requirements of the Higher Education Provider Guidelines\\*\\*.\n\nCompliance Requirements (Subdivision 19-E of the HESA)\n\n-   A HEP must meet the compliance requirements set out in Subdivision 19-E of the HESA\\* and must comply with the requirements of the HESA, the regulations and relevant guidelines.\n\nContribution and fee requirements (Subdivision 19\\-F of the HESA)\n\n-   A HEP must meet the contribution and fee requirements set out in Subdivision 19\\-F of the HESA\\* and must comply with the requirements of the Higher Education Provider Guidelines. \\*\\*.\n\n\\* The HESA is available at: [http://www.comlaw.gov.au](http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/current/bytitle/64E9D819CA914E2CCA2570ED00046500?OpenDocument&mostrecent=1%20)\n\n\\*\\* The Higher Education Provider Guidelines are available at: [http://www.backingaustraliasfuture.gov.au/guidelines/hep\\_guide.htm](http://www.backingaustraliasfuture.gov.au/guidelines/hep_guide.htm)","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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward administrative approval instrument performing exactly the function intended by section 16-50 of the Higher Education Support Act 2003—granting approved provider status to a specific body corporate. The scope remains limited to this single approval and the standard notification of obligations that must accompany such approvals."},"complexity_factors":["Very short document (approximately 400 words)","Only 1 defined term used ('the HESA' for Higher Education Support Act 2003)","No conditional logic or nested exceptions","Simple administrative structure: approval grant + attachment listing obligations","Cross-references are limited to external legislation (HESA sections) and guidelines, with URLs provided for accessibility","Single purpose document with no subordinate provisions or schedules requiring interpretation"],"plain_english_summary":"The government has approved JMC Pty. Limited (The JMC Academy) to operate as a higher education provider in Australia, enabling it to offer Commonwealth-supported places and FHELP student loans. \n\nThe approval requires the Academy to maintain financial viability, meet government quality and fairness expectations, and comply with relevant laws and fee rules — giving students access to funded study and consumer protections."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not change the statutory scope of the HESA. It exercises an existing delegated power to approve a named body corporate as a higher education provider (subsection 16-50(1)) and sets the approval’s effective timing (section 16-55 and Legislative Instruments Act 2003). It does not alter eligibility rules or impose novel statutory powers; it notifies the approved provider of obligations already set out in HESA subdivisions 19-B to 19-F and the Higher Education Provider Guidelines."},"complexity_factors":["Delegated decision: approval is exercised by a departmental delegate under subsection 16-50(1) of the HESA (instrument header).","Timing mechanism: approval’s operative date depends on the parliamentary disallowance period (section 16-55 of the HESA and Legislative Instruments Act 2003 are cited in the notice).","Reference-dependent obligations: the instrument does not restate obligations but incorporates them by reference to multiple HESA subdivisions (19-B to 19-F) and the Higher Education Provider Guidelines (Attachment 1), so legal effect depends on interpreting those external provisions.","Incorporation of Attachment 1: Attachment 1 is made part of the notice and lists categories of obligations (financial viability, quality, fairness, compliance, contributions/fees), which creates compliance duties without setting new substantive rules in the instrument itself.","Operational dependence on other instruments: the notice points to external guidance and legislation (HESA, Regulations, HEP Guidelines), meaning implementation and compliance require consulting those texts.","Low statute‑making complexity: the instrument is an individual approval (not a legislative amendment), so it is procedurally simple though substantively tied to complex external requirements."],"plain_english_summary":"This instrument approves JMC Pty Limited (trading as The JMC Academy) as a higher education provider under the Higher Education Support Act 2003. The approval takes effect after the parliamentary disallowance period and attaches information about the provider’s ongoing obligations under the Act and the Higher Education Provider Guidelines, affecting the approved body’s eligibility for Commonwealth higher‑education arrangements and the compliance duties it must meet."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-8-of-2006","history":"/api/acts/higher-education-provider-approval-no-8-of-2006/history","analysis":"/api/acts/higher-education-provider-approval-no-8-of-2006/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-8-of-2006/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-8-of-2006/important-cases","documents":"/api/acts/higher-education-provider-approval-no-8-of-2006/documents"}}