{"id":"F2005L02551","name":"Higher Education Provider Approval (No. 9 of 2005)","slug":"higher-education-provider-approval-no-9-of-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":37276,"registerId":"commonwealth-F2005L02551-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Provider Approval (No. 9 of 2005)","content":"INSTRUMENT OF APPROVAL\n\nCOMMONWEALTH OF AUSTRALIA\n\nHigher Education Support Act 2003\n\nHigher Education Provider Approval (No. 9 of 2005)\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\nNorthern Melbourne Institute of TAFE\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 ……………………………………………5…………day of ………………………………………………………September………2005.\n\nCOLIN WALTERS\n\nGroup Manager, Higher Education Group\n\nDepartment of Education, Science and Training\n\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 Act)\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 Act)\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 Act)\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 Act)\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 19F 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\\*\\* and the Commonwealth Grant Scheme Guidelines\\*\\*.\n\nNOTE: Subject to the passage of legislation, the criteria that are currently set out in the Commonwealth Grant Scheme Guidelines\\*\\* for determining incidental fees will be moved to the Higher Education Provider Guidelines\\*\\*.\n\n\\* The HESA is available at: http://[www.comlaw.gov.au](http://www.comlaw.gov.au)\n\n\\*\\* The Higher Education Provider Guidelines and the Commonwealth Grant Scheme 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":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not change the statutory scope. It grants approval to a named body and reiterates the existing obligations and reference points set out in the HESA (notably Subdivisions 19-B to 19-F) and associated guidelines; it does not create new substantive powers or remove statutory duties."},"complexity_factors":["Delegated administrative decision: approval is made by a delegate under subsection 16-50(1) of the HESA (instrument text).","Cross-references to multiple statutory subdivisions (financial viability 19-B; quality 19-C; fairness 19-D; compliance 19-E; contributions/fees 19-F) increase interpretive work for recipients.","Reliance on external instruments and guidance: the notice incorporates requirements from the Higher Education Provider Guidelines and Commonwealth Grant Scheme Guidelines (Attachment 1), requiring users to consult multiple documents.","Temporal/effect clause tied to disallowance period and Legislative Instruments Act procedures (references to section 16-55 of HESA and subsection 12(3) of the Legislative Instruments Act 2003) adds an administrative timing element.","Limited substantive content: the instrument principally records approval and restates obligations rather than setting new detailed rules, so legal effect depends on reading the cited HESA provisions and guidelines.","Compliance burden concentrated on the approved provider: obligations span governance, reporting and fee rules — administrative and regulatory compliance effort is likely required to demonstrate conformity."],"plain_english_summary":"This instrument formally approves the Northern Melbourne Institute of TAFE as a Higher Education Provider under the Higher Education Support Act 2003 and issues the required notice of approval. It also supplies the approved provider with the mandated information about its obligations under the Act and associated guidelines, covering financial viability, quality, fairness, compliance and contribution/fee requirements, and points the provider to the relevant HESA subdivisions and guidelines for detail."},"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 with no broader scope. It performs exactly the function intended: approving a single specific entity as a Higher Education Provider under section 16-50 of HESA. There is no evidence of scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Single-purpose administrative instrument (approval of one specific entity)","No defined terms section - relies entirely on external legislation (HESA 2003)","Simple structure: approval statement + attachment listing obligations","Minimal conditional logic - only one timing provision regarding parliamentary disallowance","Cross-references are explicit and limited to specific subdivisions of the parent Act and associated guidelines","Length is very short (approximately 1 page of substantive content plus standard attachment)"],"plain_english_summary":"Northern Melbourne Institute of TAFE has been approved as a Higher Education Provider under the Higher Education Support Act 2003, enabling it to offer higher education courses and access Commonwealth student funding.  \n\nThe approval, made by Colin Walters, imposes legal obligations on the institute—financial viability, educational quality, fair treatment of students, regulatory compliance, and proper fees—without which it could not operate or receive government-subsidised higher education funding."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-provider-approval-no-9-of-2005","history":"/api/acts/higher-education-provider-approval-no-9-of-2005/history","analysis":"/api/acts/higher-education-provider-approval-no-9-of-2005/analysis","conflicts":"/api/acts/higher-education-provider-approval-no-9-of-2005/conflicts","importantCases":"/api/acts/higher-education-provider-approval-no-9-of-2005/important-cases","documents":"/api/acts/higher-education-provider-approval-no-9-of-2005/documents"}}