Higher Education Provider Approval (No. 16 of 2006)

Administered by Department of Education

Legislation au F2006L03365 In force Legislative Instrument

Legislation content

Higher Education Provider Approval (No. 16 of 2006)

made under section 16-25 and paragraph 16-50(1)(b) of the

Higher Education Support Act 2003

Compilation No. 1 

Compilation date: 5 June 2025

Includes amendments: F2025L00637

About this compilation

This compilation

This is a compilation of the Higher Education Provider Approval No. 16 of 2006 that shows the text of the law as amended and in force on 5/06/2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

INSTRUMENT OF APPROVAL

COMMONWEALTH OF AUSTRALIA

Higher Education Support Act 2003

Higher Education Provider Approval (No. 16 of 2006)

Approval and notice of approval pursuant to subsection 16-50(1) of the Higher Education Support Act 2003.   

 

I, COLIN WALTERS, delegate of the Minister for Education, Science and Training, for the purposes of subsection 16-50(1) of the Higher Education Support Act 2003  (‘the HESA’) hereby:

(a) approve the following body corporate as a higher education provider:

 

Whitecliffe Institute of Creative Arts & Technology Pty Ltd (ABN 62 003 925 282, ACN 003 925 282)

 

(b) give notice of that approval to that body corporate.

 

In 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.

 

In accordance with subsection 16-50(4) of the HESA, information 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.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Higher Education Provider Approval (No. 16 of 2006)

12 October 2006
(F2006L03365)

7 December 2006

 

Higher Education Provider Approval (No. 16 of 2006) Amendment Instrument 2025

4 June 2025 (F2025L00637)

5 June 2025

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

paragraph (a)

am F2025L00637

Attachment 1

rep F2025L00637

 

 

Overview

The Higher Education Provider Approval (No. 16 of 2006) is a legislative instrument made under section 16-25 and paragraph 16-50(1)(b) of the Higher Education Support Act 2003. Enacted by the Commonwealth of Australia, this instrument aims to address the need for formal approval processes for entities seeking to provide higher education services. This legislative framework ensures that educational institutions meet specific standards and criteria, thereby maintaining the quality and integrity of higher education in Australia. The Higher Education Support Act 2003, administered by the Parliament, outlines the policy objective of regulating higher education providers to safeguard the interests of students and the broader educational sector. The approval process, as evidenced in this legislative instrument, is integral to upholding these standards and ensuring that educational bodies adhere to the stipulated requirements.

Scope and Application

The Higher Education Provider Approval (No. 16 of 2006) is a legislative instrument made under the Higher Education Support Act 2003, which approves a specific entity as a higher education provider. In this instance, the Whitecliffe Institute of Creative Arts & Technology Pty Ltd has been approved as a higher education provider. This approval process applies to entities that wish to provide higher education services in Australia, subject to the terms and conditions set out in the Higher Education Provider Guidelines. The geographic or jurisdictional reach of this approval is national, applying across Australia. The Higher Education Support Act 2003 governs the approval process for higher education providers and provides the framework for this legislative instrument. The approval is effective from 7 December 2006 and was subject to disallowance by a House of Parliament until the last day for such a resolution. The approval may also be amended or revoked under the Act. This legislative instrument does not explicitly state any exclusions or exemptions, but the Higher Education Provider Guidelines, referenced in the approval, likely detail specific criteria and conditions for the approval. The application and effect of this approval may be further refined through subordinate instruments issued under the Act.

Key Provisions

The Higher Education Provider Approval (No. 16 of 2006) under the Higher Education Support Act 2003 (HESA) includes key provisions that approve a specific body corporate as a higher education provider and provide notice of this approval. In this instance, Whitecliffe Institute of Creative Arts & Technology Pty Ltd is approved as a higher education provider (Section 16-50(1)). The approval is communicated to the approved body corporate, ensuring that they are officially recognised and authorised to operate as a higher education provider (Section 16-55). The approval takes effect once the relevant parliamentary disallowance period has lapsed, ensuring that there is no parliamentary objection to the approval (Subsection 16-50(4)). The Act imposes several obligations on the approved higher education provider, including the requirement to provide specific information as outlined in the Higher Education Provider Guidelines. This information must be supplied upon approval and is detailed in Attachment 1 to the notice of approval (Section 16-55). Compliance with these guidelines is essential for the provider to maintain its status and ensure that it meets the standards set forth by the Act. Breaches of the obligations or guidelines set forth in the Act may lead to various consequences. The HESA provides for both civil and criminal penalties for non-compliance. For instance, failure to provide the required information or to adhere to the guidelines could result in the revocation of the provider's approval (Section 16-25). Additionally, the Act may impose fines or other penalties as stipulated under the relevant provisions of the HESA or other applicable legislation. The specifics of these penalties, including maximum fines, are detailed in the Act and any related legislative instruments.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.