{"id":"F2009L04378","name":"Higher Education Provider Approval (No. 8 of 2009)","slug":"higher-education-provider-approval-no-8-of-2009","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":82141,"registerId":"commonwealth-F2009L04378-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 8 of 2009)","content":"NOTICE OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval No 8 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, Bill Burmester, 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 Stott’s Colleges 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 Stott’s Colleges Pty Ltd as required by paragraph 16-50(1)(a) of HESA; and\n\n(c) hereby give Stott’s Colleges 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 is taken to have commenced on the first day after it is registered on the Federal Register of Legislative Instruments.\n\nDated this ……26th………………. day of November 2009\n\nSigned………Bill Burmester……………………………………………….…………………………\n\nBill Burmester\n\nDeputy Secretary\n\nTertiary, Youth and International Cluster\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":"This notice implements an approval already sought by the applicant under HESA and does not broaden the statutory scope. It simply records the delegate’s decision and fixes commencement (per HESA), so it aligns with the existing statutory framework rather than changing who or what HESA covers."},"complexity_factors":["Administrative, single-entity approval: the instrument records a discrete delegate decision rather than creating general rules.","Depends on HESA statutory framework (sections 16-25, 16-50 and commencement per 16-55(2)) for legal effect and downstream consequences.","Delegate discretion exercised (decision under paragraph 16-50(1)(a)); outcome rests on administrative criteria not restated here.","Triggers regulatory and funding consequences for the provider and students (compliance burden lies with the approved provider).","Instrument contains no detailed conditions or ongoing obligations itself — those are imposed via HESA and agency processes, so legal complexity shifts to the parent Act and agency practice."],"plain_english_summary":"Stott’s Colleges Pty Ltd has been formally approved as a higher education provider under the Higher Education Support Act 2003 (HESA). The delegate’s decision gives Stott’s the legal status to operate as an approved provider and brings the provider within HESA’s funding, reporting and compliance regime.\n\nThe approval takes effect the day after this notice is registered on the Federal Register of Legislative Instruments. It directly affects Stott’s, its current and prospective students, and the Commonwealth agencies that administer HESA funds and oversight."},"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 stated purpose of approving Stott's Colleges as a higher education provider. It does not amend or expand the underlying legislation."},"complexity_factors":["Single-purpose administrative instrument (approval of one specific provider)","No defined terms section","No conditional logic or exceptions","No cross-references beyond citations to specific sections of the parent Act (HESA)","Standard template format used for all provider approvals","Total length: approximately 200 words"],"plain_english_summary":"This document is an official government approval notice that allows **Stott's Colleges Pty Ltd** to operate as a **higher education provider** in Australia.\n\n**What this means:**\n- Stott's Colleges can now offer **government-subsidised university-level courses** (like diplomas and degrees)\n- Students at this college may become eligible for **HELP loans** (the government loan scheme that lets students pay tuition fees later, once they're earning enough)\n- The college must follow rules set out in the *Higher Education Support Act 2003* (the main law governing federal university funding)\n\n**Who made this decision:**\n- **Bill Burmester**, a senior public servant (Deputy Secretary) acting on behalf of the Minister for Education\n\n**Why this matters:**\nWithout this approval, a college cannot access federal funding or offer students government-backed loans. This approval essentially puts Stott's Colleges on the same footing as universities for funding purposes, though they remain a private vocational and higher education provider."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-8-of-2009","history":"/api/acts/higher-education-provider-approval-no-8-of-2009/history","analysis":"/api/acts/higher-education-provider-approval-no-8-of-2009/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-8-of-2009/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-8-of-2009/important-cases","documents":"/api/acts/higher-education-provider-approval-no-8-of-2009/documents"}}