Higher Education Provider Approval No. 4 of 2016

Administered by Department of Education

Legislation au F2016L02005 In force Legislative Instrument

Legislation content

Higher Education Provider Approval  No. 4 of 2016

made under sections 16-25, 16-50 and 16-60 of the

Higher Education Support Act 2003

Compilation No. 1

Compilation date:    22 December 2016

Includes amendments up to: F2017L01171

Registered:    16 November 2017

About this compilation

This compilation

This is a compilation of the Higher Education Provider Approval No. 4 of 2016 that shows the text of the law as amended and in force on 22 December 2016 (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 Legislation 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 series page on the Legislation 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 series page on the Legislation Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

NOTICE OF APPROVAL

COMMONWEALTH OF AUSTRALIA

Higher Education Support Act 2003

Higher Education Provider Approval No 4 of 2016

 

Approval under section 16-25, decision under paragraph 16-50(1a), and Notice of Approval under paragraph 16-50(1b) to the Higher Education Support Act 2003 (the Act).

I, Melissa Reardon, a delegate of the Minister for Education and Training for the purposes of 16-25 16-50 and 16-60 of the Higher Education Support Act 2003 (the Act):

(a) approve the application of Australian College of Nursing Ltd (ACN:  154 924 642, ABN: 48 154 924 642) as a higher education  provider in accordance with section 16-25 of the Act; and

(b) impose conditions on the approval of Australian College of Nursing Ltd as a higher education provider in accordance with paragraph 16-60 of the Act;

(c) note that this approval decides the application of Australian College of Nursing Ltd as required by paragraph 16-50 (1a) of the Act; and

(d) hereby give Australian College of Nursing Ltd written notice of my approval as required by paragraph 16-50 (1b) of the Act.

Conditions

1. Australian College of Nursing Ltd must maintain adequate liquidity levels as measured by a current ratio of 1.0 or above for the period of its approval.

2. Australian College of Nursing Ltd must maintain a positive equity position for the period of its approval.

3. Australian College of Nursing Ltd will not provide any new guarantees or loans to its directors or related entities that could have a material effect on its finances.

4. Australian College of Nursing Ltd must not offer its assets as security for the benefit of any other person or entity including associated entities except as a consequence of any commercial loan arrangements with a recognised financial institution for the period of its approval. Associated entity has the meaning given by section 50AAA of the Corporations Act 2001.

5. Australian College of Nursing Ltd must provide the department responsible for administering the Act with all required financial information as specified in the Financial Viability Instructions, on an annual basis by no later than 31 December each year for the period of its approval.

6. Australian College of Nursing Ltd must, in writing, advise the department responsible for administering the Act of any events affecting Australian College of Nursing Ltd or a related entity that may significantly affect the capacity of Australian College of Nursing Ltd to meet the quality and accountability requirements under the Act for the period of its approval. The written advice must be provided within 10 working days of the event occurring.

7. Australian College of Nursing Ltd must inform the department responsible for administering the Act in writing of changes to directors, company structure and/or its constitution for the period of its approval. The written advice must be provided within 10 working days of the event occurring.

8. Australian College of Nursing Ltd must, as soon as practicable advise the department responsible for administering the Act of any regulatory activity that has been or is being undertaken in relation to Australian Consumer Law and/or fair trading laws for the period of its approval.

9. Australian College of Nursing Ltd must, as soon as practicable,  advise the department responsible for administering the Act of any regulatory activity that has been or is being undertaken in relation to Australian Consumer Law and/or fair trading laws for the period of its approval.

10. Australian College of Nursing Ltd must report data monthly for two years from the date of

approval.

 

 

 

In accordance with section 16-55 to the Act and section 12 of the Legislation Act 2003 this notice of approval commences on the day after it is registered on the Federal Register of Legislation.

 

 

Date: 20 December 2016

 

 

 

Melissa Reardon

Branch Manager  

Funding Policy and Legislation Branch

Higher Education Group

Delegate of the Minister for Education and Training

 

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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Higher Education Provider Approval No. 4 of 2016

21 Dec 2016 (F2016L02005)

22 Dec 2016

 

Higher Education Support (Australian College of Nursing Ltd) Higher Education Provider Approval Amendment 2017

13 Sept 2017 (F2017L01171)

22 Dec 2016 (s 2)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

para 9...................

am F2017L01171

 

ed C1

 

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

 

Paragraph 9

 

Kind of editorial change

 

Give effect to the misdescribed amendment as intended

 

Details of editorial change

 

2 Commencement

  This instrument commences on 20 December 2016.

 

The commencement date of the principal instrument was 22 December 2016. The amendment is unable to commence before that date.

 

This compilation was editorially changed to incorporate the amendment from section 4 as commencing on 22 December 2016 and give effect to the misdescribed amendment as intended.

 

 

Overview

The Higher Education Provider Approval No. 4 of 2016 is a legislative instrument made under sections 16-25, 16-50 and 16-60 of the Higher Education Support Act 2003 (the Act). This instrument was enacted to address the need for the approval of higher education providers and the imposition of conditions on such approval to ensure the financial viability and quality of education provided by these institutions. The instrument was introduced by the Parliament of Australia and seeks to provide a structured framework for the approval and monitoring of higher education providers, ensuring that they meet the standards set by the Commonwealth. This approval notice specifically relates to the Australian College of Nursing Ltd, approving its application as a higher education provider and imposing certain conditions to safeguard its financial health and compliance with the Act. The approval is granted by Melissa Reardon, a delegate of the Minister for Education and Training, and includes conditions such as maintaining adequate liquidity levels, providing annual financial reports, and notifying the department of any significant events or changes that could impact the provider's capacity to meet quality and accountability requirements. This legislative instrument aims to uphold the integrity and quality of higher education services provided by approved institutions.

Scope and Application

The Higher Education Provider Approval No. 4 of 2016 applies to the Australian College of Nursing Ltd (ACN: 154 924 642, ABN: 48 154 924 642), granting it approval as a higher education provider under the Higher Education Support Act 2003. This approval is subject to specific conditions designed to ensure the institution's financial viability and compliance with regulatory standards. The approval is valid throughout the Commonwealth of Australia and is subject to the requirements and provisions outlined in the Higher Education Support Act 2003. The Act sets out the framework for the regulation of higher education providers, ensuring that institutions meet certain standards to provide quality education services. There are no specific exclusions or exemptions mentioned in the approval, but the provider must adhere to the conditions stipulated to maintain its approval status. The Act may extend or restrict the application of the approval through subordinate instruments, ensuring that the provider remains compliant with the overarching legislative requirements.

Key Provisions

The Higher Education Provider Approval No. 4 of 2016 (the Approval) under the Higher Education Support Act 2003 (the Act) grants the Australian College of Nursing Ltd (ACN) approval as a higher education provider and imposes specific conditions on this approval. Section 16-25 of the Act governs the approval of higher education providers, and this legislative instrument formalises the approval of ACN under this section. Furthermore, paragraph 16-50(1a) of the Act requires the decision of an application for approval, which this Approval satisfies, and paragraph 16-50(1b) mandates the provision of written notice of approval, also addressed in this document. Section 16-60 of the Act allows for the imposition of conditions on such approvals, and this legislative instrument imposes ten specific conditions on ACN's approval. The conditions imposed on ACN's approval mandate several obligations. Firstly, ACN must maintain adequate liquidity levels, as measured by a current ratio of 1.0 or above (Condition 1). Secondly, ACN must maintain a positive equity position (Condition 2). Thirdly, ACN is prohibited from providing any new guarantees or loans to its directors or related entities that could materially affect its finances (Condition 3). Fourthly, ACN must not offer its assets as security for the benefit of any other person or entity, except as a consequence of commercial loan arrangements with a recognised financial institution (Condition 4). Fifthly, ACN must provide the department responsible for administering the Act with all required financial information annually by 31 December (Condition 5). Sixthly, ACN must notify the department of any events affecting ACN or a related entity that may significantly affect ACN's capacity to meet quality and accountability requirements within 10 working days (Condition 6). Seventhly, ACN must inform the department of changes to directors, company structure, and/or its constitution within 10 working days (Condition 7). Eighthly, ACN must advise the department of any regulatory activity undertaken in relation to Australian Consumer Law and/or fair trading laws as soon as practicable (Condition 8). Ninthly, ACN must report data monthly for two years from the date of approval (Condition 10). Failure to comply with the conditions imposed on ACN's approval may result in civil or criminal consequences. However, the Approval itself does not explicitly outline specific offences, penalties, or consequences for breach. The Act and other relevant legislation may provide for enforcement mechanisms and penalties for non-compliance. For instance, under the Act, the Minister may revoke a higher education provider's approval if they believe it is in the public interest to do so, or if the provider has failed to meet the conditions of its approval. Additionally, breaches of financial or reporting obligations may be subject to penalties under the Corporations Act 2001 or other relevant legislation. The specific penalties for non-compliance would depend on the nature and severity of the breach, as well as the provisions of the applicable legislation.

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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.