Higher Education Provider Approval No. 11 of 2012

The principal legal concepts present in the compilation are approval, decision/notice, legislative authority, compilation status, amendment history and editorial endnotes. The instrument anchors each concept to the statutory provisions in HESA that supply decision‑making power and procedural requirements: the approval is "in accordance with section 16‑25 of HESA" and the decision and notice steps are linked to paragraph 16‑50(1)(a) and paragraph 16‑50(1)(b) respectively. The document itself does not reproduce HESA s 16‑25 or s 16‑50; it records the exercise of statutory powers rather than restating the statutory tests, criteria or consequences.

The compilation framework is also central. The front matter explains that this text is a consolidation showing the law "as amended and in force on 20/01/2024". It records that the compilation "Includes amendments: F2024L00087" and provides standard endnotes that disclose the instrument's registration and amendment instruments (Endnotes 1-4). The endnotes include: an abbreviation key (Endnote 2), a legislative history table listing the original registration (12 November 2012, commencement 13 November 2012) and the later amendment (19 January 2024, commencement 20 January 2024), and an amendment history table that indicates which provisions were amended (paragraphs (a), (b), (c) and commencement text) (Endnotes 3 and 4).

Related editorial/legal concepts are also present in the endnotes. The compilation warns that uncommenced amendments are not shown and that modifications (for example, where another law "modifies" the compiled law but does not amend its text) are not depicted in the consolidated text; it directs readers to the Register for details. The endnotes also explain the handling of misdescribed amendments under the Legislation Act 2003 (that a misdescribed amendment may be incorporated editorially under s 15V if it can be given effect).

Finally, the instrument reflects administrative practice: identification of the applicant by name and ACN, the delegate's name and title, and a dated signature line. These elements operate as the document’s evidentiary core: who applied, who decided, and when the decision was recorded. The compilation materials and endnotes provide the contextual metadata necessary for legal or administrative follow‑up, including the specific amendment instrument identifier (F2024L00087) and the historical register entries.

Directly named in the instrument, and therefore directly affected, is The Australian Institute of Professional Counsellors Pty. Ltd., identified by company name and Australian Company Number (ACN: 077 738 035). The Notice explicitly addresses that entity in the approval (paragraph (a)) and in the written notice (paragraph (c)). The departmental delegate who executed the approval, Dr Lyndal Groom, A/g General Manager, Student Support Branch, is the officer who made the decision on behalf of the minister; the instrument records that she acted "a delegate of the Minister for Tertiary Education, Skills, Science and Research for the purposes of sections 16‑25 and 16‑50 of the Higher Education Support Act 2003 (HESA)".

The Department named in the signature block is the Department of Industry, Innovation, Science, Research and Tertiary Education; the delegate’s branch is the Student Support Branch within the Tertiary Quality and Participation Division. These departmental identifiers matter for practical administration: they indicate the office responsible for keeping records, issuing the written notice, and communicating with the approved provider. The document also implicitly affects whoever is responsible for maintaining the Register and for recording amendments (the compilation references the Register and gives instrument identifiers, which are relevant to administrative record‑keepers).

Beyond those named, the instrument will have secondary or contingent effects on third parties whose rights, obligations or entitlements under HESA depend on the status of an entity as an approved higher education provider. The instrument itself does not set out those downstream entitlements or obligations; it expressly locates its legal basis in HESA s 16‑25 and para 16‑50(1), which are the statutory provisions that determine the legal consequences of approval. Consequently, parties such as prospective or current students, funding agencies, other providers, accrediting bodies, and auditors may be affected in practice by the change of status recorded here, but the compilation does not itself define or specify those impacts. The compilation cautions that users should consult the Register and the HESA provisions referenced, particularly where uncommenced amendments or modifications may change the operation or consequences of the approval.

Finally, the instrument affects anyone relying on the public record of approvals. The compilation is explicit about its temporal and editorial limits: it is "as amended and in force on 20/01/2024"; uncommenced amendments and external modifications are not shown. That affects stakeholders who require certainty about the current legal position; they must verify the Register entries cited in the endnotes (for example F2012L02166 and F2024L00087) to ensure they have the complete and current legal picture.

The compilation records the discrete administrative acts performed by the delegate: approving the provider, recording that the approval decides the application, and giving written notice of that approval to the applicant. These are the "rights and duties" that the instrument itself records and produces. Specifically, the Notice states:

• paragraph (a): "approve the application of The Australian Institute of Professional Counsellors Pty. Ltd. (ACN: 077 738 035) as a Higher Education Provider in accordance with section 16‑25 of HESA";
• paragraph (b): "note that this approval decides the application of The Australian Institute of Professional Counsellors Pty Ltd as required by paragraph 16‑50(1)(a) of HESA"; and
• paragraph (c): "hereby give The Australian Institute of Professional Counsellors Pty Ltd written notice of my approval as required by paragraph 16‑50(1)(b) of HESA".

Those operative statements are the core "duties and rights" enacted by the instrument itself: the delegate exercised the power to approve and undertaken the procedural duty to notify in writing. The instrument does not itself set out further obligations or privileges that follow from approval under HESA; rather, it invokes HESA sections as the source of substantive legal rights and duties. Therefore, any compliance obligations, funding entitlements, reporting duties, quality assurance requirements, or sanctions that attach to the status of "Higher Education Provider" are not included in the text of this instrument; they are found in the HESA provisions referenced.

Where the instrument assigns ongoing administrative obligations, those are implicit rather than spelled out here. The instrumental duties that are explicit are (i) the formal approval and (ii) the written notice to the applicant. The instrument also records the decision as a "decision required by paragraph 16‑50(1)(a) of HESA", which suggests a procedural duty under HESA to record the decision as part of the statutory process. Parties looking for express conditions, ongoing compliance measures, reporting obligations or time‑limited conditions must consult the relevant parts of HESA and any subordinate instruments or guidelines referenced by HESA, because the approval notice performs the discrete administrative act but does not detail the broader statutory regime.

The compilation and endnotes also create administrative duties on users: the front matter warns that uncommenced amendments and modifications are not shown and directs readers to the Register for the compiled law. That functions as a duty of care instruction: verify current status on the Register. Endnote 4 records that paragraphs (a), (b) and (c) were amended in the 2024 instrument (F2024L00087), so parties have a duty to consult that amending instrument for full detail and to note that the commencement text was repealed under Legislation Act s 48D.

In short, the instrument confers and records the approval and the required notification steps under HESA. It does not, within its text, create or enumerate the full set of rights and duties that attach to an entity by virtue of being an approved provider; those substantive duties and rights are supplied by the statutory regime referenced.

The Approval instrument itself does not create penalties or specify enforcement mechanisms. Its text is administrative and declaratory in nature: it records the approval of an application and the giving of written notice, and it identifies the statutory basis in HESA for these actions. There are no express sanctions, fines, conditions of approval, suspension powers, or enforcement processes set out within the three operative paragraphs (a)-(c) of the Notice as compiled.

Because the instrument expressly relies on HESA provisions (s 16‑25 and para 16‑50(1)), any penalties, enforcement pathways, or compliance‑related sanctions that apply to an approved higher education provider will derive from HESA and subordinate instruments under HESA rather than from this approval notice. The compilation repeatedly reminds the reader to consult the Register and the relevant statutory text for uncommenced amendments, modifications and transitional provisions. Those statutory materials are the natural place to locate enforcement mechanisms and penalties , if any , that attach to provider status, breaches of HESA requirements, or administrative decisions about approvals.

The endnotes also address procedural handling of amendments, misdescribed amendments and commencement text: these editorial mechanisms have their own legal consequences (for example, a misdescribed amendment may be editorially corrected "under section 15V of the Legislation Act 2003" if it can be given effect). That editorial treatment is a mechanism for making the consolidated text coherent and effective; it is not itself a sanction against a provider but rather a mechanism governing how amendments are represented in compiled legislation.

Practically, a reader seeking to determine available enforcement remedies or potential penalties for non‑compliance should consult HESA and its subordinate instruments: this approval notice is an administrative record of an approval decision, and it does not replicate the enforcement architecture. The compilation’s endnotes and the Register identifiers (F2012L02166 for the original registration and F2024L00087 for the later amendment) are the pointers necessary to locate any statutory provisions or subordinate instruments that define penalties or enforcement processes. The instrument therefore imposes an evidential step for anyone pursuing enforcement or contesting the approval: verify the associated statutory texts and amendment instruments recorded in the endnotes.

The instrument explicitly situates itself within the statutory architecture of the Higher Education Support Act 2003. It is made "under section 16‑25 and paragraph 16‑50(1)(b) of the Higher Education Support Act 2003" and records compliance with paragraph 16‑50(1)(a). The instrument does not reproduce those HESA provisions, but it relies on them as the source of legal authority and procedural steps. Therefore, the instrument interacts with HESA by executing a statutory power granted by that Act: approval of an application to be a Higher Education Provider, recording the decision, and issuing written notice to the applicant.

The compilation also interacts with the Legislation Act 2003 through editorial references in the endnotes. The endnotes explain the treatment of misdescribed amendments under "section 15V of the Legislation Act 2003", and note that the "commencement text" was repealed under "LA s48D" (Legislation Act s 48D). These references mean that the presentation, editorial handling and commencement treatment of the compiled instrument are shaped by rules in the Legislation Act. The compilation warns that if a misdescribed amendment cannot be given effect, it will be annotated as "(md not incorp)" in amendment histories.

The compilation regime also interacts with the Register and the Federal Register of Legislation (the F numbers recorded). The instrument lists registration identifiers (F2012L02166 and F2024L00087) and commencement dates; it instructs readers that uncommenced amendments and modifications are not shown and must be checked on the Register. That administrative interaction governs how the approval decision is presented and how readers should locate contemporaneous instruments, amendments or modifications made by subsequent laws.

The instrument does not reference or incorporate other Acts (for example, corporations or administrative law statutes) directly within its operative text, aside from the ministerial delegation statement and the Legislation Act editorial references in the endnotes. However, because the approved party is a company identified by ACN, consequences involving corporations law, contract law, education standards, immigration or student funding could in practice intersect with the consequences of approval under HESA. Those cross‑legal effects are not set out in this instrument and must be traced to HESA, subordinate instruments, and other relevant legislative instruments.

Users and stakeholders should therefore view this approval as a node within a network of legal instruments: the approval is an administrative act under HESA; its legal consequences, enforcement, and interactions with other regulatory regimes are determined by HESA and the other Acts and instruments to which HESA refers or which govern the broader regulatory environment. The compilation’s endnotes provide the starting points (instrument identifiers, amendment history and editorial rules) for tracing those interactions.

The compilation front matter and endnotes provide the instrument’s amendment history as recorded in the Register up to the compilation date of 20 January 2024. The legislative history table (Endnote 3) records two entries: the original approval instrument, "Higher Education Provider Approval No. 11 of 2012", registered 12 November 2012 (F2012L02166) with commencement 13 November 2012; and a later amending instrument, "Higher Education Provider Approval (No. 11 of 2012) Amendment Instrument 2024", registered 19 January 2024 (F2024L00087) with commencement 20 January 2024. Endnote 4, the amendment history table, records that paragraphs (a), (b) and (c) were amended by F2024L00087 and that the "commencement text" was repealed under the Legislation Act 2003 s 48D.

The compilation front matter reiterates that "Includes amendments: F2024L00087" and that the compilation demonstrates the law "as amended and in force on 20/01/2024". It also states the standard caveats: uncommenced amendments, modifications, and application/saving/transitional provisions that are not included in the compilation are accessible on the Register and are documented in the endnotes where relevant.

The endnotes also explain the editorial approach to misdescribed amendments: a misdescribed amendment may be incorporated editorially under s 15V of the Legislation Act 2003 if it can be given effect; otherwise it will be annotated as "(md not incorp)" in the amendment history. That editorial note matters to users who need to track whether an amendment in the Register has been given editorial effect in the compilation.

Practically, the amendment history shows that the substantive text of the three operative paragraphs in the Notice has been changed since the instrument’s original registration. The compilation does not reproduce the earlier text of paragraphs (a)-(c) or show a redline, but the amendment history entry in Endnote 4 is an explicit pointer that the approval language was altered by the 2024 amending instrument. Users seeking to understand what changed must consult the amending instrument recorded as F2024L00087 on the Register to compare versions, because the compilation only indicates that an amendment occurred and that it has been incorporated into the compiled text.

Finally, Endnote 4 also records that the "commencement text" was repealed in accordance with the Legislation Act s 48D. That suggests that the original commencement clause or specific commencement detail in the 2012 instrument has been removed or replaced in the compilation process pursuant to the Legislation Act’s editorial rules. The compilation therefore provides the current textual form and the amendment trail, but users who require the original pre‑amendment wording or precise amendment drafting must consult the Register entries for F2012L02166 and F2024L00087.

The compiled instrument and its endnotes do not record any litigation history. There are no cases, judicial reviews or tribunal decisions referenced in the text or the endnotes. The compilation’s endnotes are limited to providing editorial, legislative and amendment history (Endnotes 1-4) and do not include annotations of legal proceedings.

Because the instrument is an administrative decision made under HESA and recorded as a written approval and notice, it is the type of decision that, depending on the statutory scheme and administrative law principles, might be subject to merits review or judicial review. However, this compilation does not provide the HESA text or any procedural pathways for review; it simply records that the approval was made and by whom. Any rights of review, time limits for seeking review, or statutory privative clauses would be found in HESA and potentially in administrative review legislation or rules, none of which are reproduced here.

Users seeking information on whether this specific approval has been the subject of litigation must therefore search external records: tribunal and court databases, the Register entry for the instrument (which sometimes contains links or notes), and any public records of administrative law challenges. The compilation does provide the factual predicates useful for such searches: the approved entity’s name and ACN, the delegate’s name and office, the registration identifiers (F2012L02166; F2024L00087) and the dates of registration and compilation. Those data points permit targeted searches in court and tribunal registries and in government administrative records.

In short, this compilation includes no litigation history. It records an administrative decision and its amendment trail, but it contains no indication that the decision has been litigated, contested, or otherwise subjected to judicial determination as of the compilation date. Any inquiry about litigation must therefore extend beyond this compiled text to judicial and tribunal records and to the HESA provisions that govern review rights.

Several practical "gotchas" are apparent from the compilation text and endnotes, and these are worth flagging for anyone relying on this instrument as a source of legal or administrative information.

1. The approval notice records its statutory basis but does not set out the statutory criteria, consequences or conditions attached to approval. The Notice says the approval is "in accordance with section 16‑25 of HESA" and the decision and notice steps are taken "as required by paragraph 16‑50(1)(a)/(b)". Without consulting those HESA provisions, a reader cannot infer entitlements, reporting obligations, funding access or regulatory conditions that attach to approved provider status. Do not assume that approval automatically confers funding rights or other benefits; consult the referenced HESA provisions.

2. The compilation is current only to its compilation date "20/01/2024" and explicitly warns that uncommenced amendments and modifications are not shown. The front matter instructs users to check the Register for uncommenced amendments. Relying on this compilation alone without checking the Register risks missing later amendments or external modifications that affect operation or commencement.

3. The amendment history shows that paragraphs (a), (b) and (c) were amended in 2024 (Endnote 4). The compiled text therefore represents post‑2024 wording; users who require the original 2012 wording must consult the original instrument (F2012L02166) and the amending instrument (F2024L00087). The endnotes do not reproduce the prior text, so a comparative analysis requires retrieving both instrument versions.

4. The compilation’s endnotes reference editorial rules under the Legislation Act 2003 (for example section 15V and s 48D). Users who need to understand how editorial changes were made or why commencement text was repealed should consult the Legislation Act provisions cited; the compilation does not explain the policy reasons for editorial changes, only that they occurred.

5. The dated signature block reads as a form: "Dated this ………………………Thirtieth…...........................…. day of …………............October.………………………..2012" and a signature line for Dr Lyndal Groom. That formatting indicates the instrument was executed in October 2012, but the compilation context may obscure whether earlier drafts, different signatories, or procedural steps affected the final form. For evidentiary purposes, corroborating administrative records or the Register entry may be necessary.

6. The instrument is narrowly focused on the approval decision and gives no detail on follow‑up administrative steps. For example, if the approved provider must meet reporting or quality assurance obligations, or must be listed on a public register, those steps are not described here. Practitioners should not rely on the instrument alone to satisfy compliance or disclosure obligations; consult the broader HESA regime.

7. Administrative records and compilations sometimes omit transitional provisions that affect older decisions. The compilation’s front matter warns that "application, saving and transitional provisions" may exist outside the compilation and directs readers to the endnotes. Always check for transitional clauses attached to amendments that may alter the effect of the approval over time.

These "gotchas" are not defects in reasoning but practical limits of what the compilation contains. They are cues to the next steps that a lawyer, compliance officer, or researcher should take: review HESA itself, retrieve the Register entries for F2012L02166 and F2024L00087, and verify whether any uncommenced or modifying instruments affect the operation or legal consequences of this approval.

This approval instrument is an administrative record that one party (the delegate) has approved another (the named company) as a Higher Education Provider under HESA. Compliance steps therefore split into two sets: actions for the approved provider and actions for third parties or regulators who need to monitor or rely on the approval.

For the approved entity (The Australian Institute of Professional Counsellors Pty. Ltd.):

• Keep a certified copy of the approval notice and the compilation, including the endnotes that identify the amending instrument(s) and Register identifiers (F2012L02166; F2024L00087). The compiled document is the public record that evidences approval.
• Review HESA sections referenced (s 16‑25; para 16‑50(1)) to identify statutory duties, entitlements and any conditions that attach to approved provider status. The approval instrument expressly relies on those statutory provisions as its legal basis; the text of those sections , not this notice alone , will set out compliance obligations such as reporting, student eligibility criteria, quality standards or funding conditions.
• Consult the amending instrument referenced in the compilation (F2024L00087) to understand any changes to the approval text made in 2024. The amendment history indicates paragraphs (a), (b), and (c) were amended. Compliance requires knowledge of the current wording as amended.
• Monitor the Register for uncommenced amendments or modifications. The compilation warns that uncommenced amendments and external modifications are not shown; compliance requires staying abreast of changes on the Register to capture any new obligations or changes to commencement.
• Maintain communications records with the Department identified in the signature block (Student Support Branch, Tertiary Quality and Participation Division) and ensure any procedural requirements for written notices, reporting or renewals under HESA are met within statutory timeframes. The instrument records that written notice has been given; subsequent notices or correspondence may be required.

For regulators, funders, auditors, or third parties:

• When relying on provider status for funding, recognition, admission or contracting decisions, verify the provider’s status on the Register and confirm the effective text of the approval including any conditions or limitations imposed by HESA or subordinate instruments. The compilation itself points to the Register entries and the amending instrument.
• If an audit or compliance check is contemplated, gather the approval document, any correspondence from the Department, and the HESA sections that govern provider obligations. The compilation gives the necessary identifiers to locate these items.
• If parties require certainty about the legality of actions taken under the approval (for example, payments, enrolments, or representation of credentials), they should confirm that the approval is current, and that no suspension, revocation or conditions have been imposed under HESA or subsequent instruments. Those matters are not addressed in this notice and must be ascertained from HESA or the Register.

General procedural compliance items for all stakeholders:

• Use the Register identifiers recorded in the compilation (F2012L02166 and F2024L00087) to retrieve the original and amending instruments and to verify commencement details and any transitional provisions.
• Do not rely on the compiled text as the sole source where statutory entitlements, sanctions, or procedural rights may depend on uncommenced amendments or other instruments; instead consult the Register and the source statute.
• Preserve evidence of the relevant dates and signatures recorded in the Notice: the delegate’s identity and the date of decision (30 October 2012 in the pasted signature block) may be relevant to time‑sensitive rights or limitations. The compilation’s front matter also provides a compilation date (20 January 2024) which is relevant to assessing whether later amendments exist.

These compliance steps reflect the limited and administrative nature of the instrument: it is an approval and written notice recorded under HESA. Full compliance requires linking this administrative record to the HESA provisions it invokes and to the Register entries for the original and amending instruments.