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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Support Amendment
(2022 Measures No. 1) Bill 2022
No. , 2022
(Education)
A Bill for an Act to amend the Higher Education
Support Act 2003, and for related purposes
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Grandfathered students
3
Part 1--Amendments
3
Higher Education Support Act 2003
3
Part 2--Application and transitional provisions
4
Schedule 2--HELP debt arrangements for certain rural,
remote or very remote health practitioners
9
Part 1--Amendments
9
Higher Education Support Act 2003
9
Part 2--Application, saving and transitional provisions
21
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
1
A Bill for an Act to amend the Higher Education
1
Support Act 2003, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Higher Education Support Amendment (2022
5
Measures No. 1) Act 2022
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Grandfathered students
Schedule 1
Amendments
Part 1
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
3
Schedule 1--Grandfathered students
1
Part 1--Amendments
2
Higher Education Support Act 2003
3
1 Subclause 1(1) of Schedule 1 (after subparagraph (a)(i) of
4
the definition of grandfathered student)
5
Insert:
6
(ia) the person commenced a course of study (the
ongoing
7
course
) with a higher education provider before
8
1 January 2021 and, on or after that day, the person
9
completes the ongoing course and commences another
10
course of study (the
honours course
) that relates to the
11
ongoing course and that is leading to a
*
higher
12
education award that is an honours degree;
13
2 Subclause 1(1) of Schedule 1 (subparagraph (a)(ii) of the
14
definition of grandfathered student)
15
Omit "
*
higher education award", substitute "higher education award".
16
3 After subclause 1(1C) of Schedule 1
17
Insert:
18
(1CA) Without limiting subclause (1C), a
*
course of study is taken to be
19
restructured by a provider for the purposes of that subclause if the
20
course of study is discontinued by the provider.
21
Schedule 1
Grandfathered students
Part 2
Application and transitional provisions
4
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
No. , 2022
Part 2--Application and transitional provisions
1
4 Definitions
2
In this Part:
3
affected student
means a person who:
4
(a) is a grandfathered student because of subparagraph (a)(ia) of
5
the definition of that term in Schedule 1 to the
Higher
6
Education Support Act 2003
, as amended by Part 1 of this
7
Schedule; and
8
(b) enrolled in a unit of study in an honours course referred to in
9
that subparagraph that has a census date at any time during
10
the transition period.
11
old student contribution amount
for a unit of study for an affected
12
student means the student contribution amount for the unit of study that
13
applied to the student during the transition period.
14
relevant amendment
means the amendment made by item 1 of Part 1 of
15
this Schedule.
16
transition period
means the period starting on 1 January 2021 and
17
ending on the day before the commencement of this item.
18
5 Application
--definition of grandfathered student
19
The relevant amendment applies on and after the commencement of this
20
item in relation to a person who undertakes a unit of study in an
21
ongoing course or an honours course that has a census date on or after
22
1 January 2021, whether the person enrolled in that unit of study before,
23
on or after the commencement of that item.
24
6 Application
--restructured courses
25
The amendment made by item 3 of Part 1 of this Schedule applies in
26
relation to restructures that occur on or after 1 January 2021.
27
7 Full up-front payment made during transition period
28
(1)
This item applies if:
29
(a) during the transition period, an affected student made one or
30
more up-front payments to a higher education provider in
31
relation to a unit of study; and
32
Grandfathered students
Schedule 1
Application and transitional provisions
Part 2
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
5
(b) the amount of that payment, or the sum of those payments, is
1
equal to 90% of the affected student's old student
2
contribution amount for the unit; and
3
(c) under section 96-3 of the
Higher Education Support Act
4
2003
, the Commonwealth paid an amount to the higher
5
education provider for the unit in discharge of the affected
6
student's liability to pay their old student contribution
7
amount for the unit.
8
(2)
If the amount paid by the Commonwealth is more than the amount that
9
would have been paid to the higher education provider had the relevant
10
amendment been in force during the transition period, the difference
11
between the 2 amounts may be:
12
(a) deducted from any amount that is payable, or to be paid, to
13
the higher education provider under the
Higher Education
14
Support Act 2003
; or
15
(b) recovered by the Commonwealth from the higher education
16
provider as a debt due to the Commonwealth.
17
(3)
If the amount paid by the affected student is more than the amount that
18
could have been paid to the higher education provider had the relevant
19
amendment been in force during the transition period, the higher
20
education provider must pay to the affected student an amount equal to
21
the difference between the 2 amounts.
22
8 Partial up-front payments made during transition period
23
(1)
This item applies if:
24
(a) during the transition period, an affected student made one or
25
more up-front payments to a higher education provider in
26
relation to a unit of study; and
27
(b) the amount of that payment, or the sum of those payments is
28
less than 90% of the affected student's old student
29
contribution amount for the unit; and
30
(c) the Commonwealth paid the following amounts to the higher
31
education provider in relation to the student and the unit:
32
(i) an amount under paragraph 96-2(3)(b) of the
Higher
33
Education Support Act 2003
;
34
(ii) an amount under subsection 96-2(4) of that Act.
35
Schedule 1
Grandfathered students
Part 2
Application and transitional provisions
6
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
No. , 2022
(2)
If the amount (the
old amount
) referred to in subparagraph (1)(c)(i) or
1
(ii) is more than the amount (the
new amount
) that would have been
2
paid to the provider had the relevant amendment been in force during
3
the transition period, the difference between the old amount and the new
4
amount may be:
5
(a) deducted from any amount that is payable, or to be paid, to
6
the higher education provider under the
Higher Education
7
Support Act 2003
; or
8
(b) recovered by the Commonwealth from the higher education
9
provider as a debt due to the Commonwealth.
10
(3)
If the amount paid by the affected student is more than the amount that
11
could have been paid to the higher education provider had the relevant
12
amendment been in force during the transition period, the higher
13
education provider must pay to the affected student an amount equal to
14
the difference between the 2 amounts.
15
(4)
The higher education provider must, on the Secretary's behalf, re-credit
16
the affected student's HELP balance with an amount (the
relevant
17
amount
) that is equal to the difference between the amount referred to
18
in subparagraph (1)(c)(i) that was paid to the provider and the amount
19
that would have been paid under paragraph 96-2(3)(b) of the
Higher
20
Education Support Act 2003
, had the relevant amendment been in force
21
during the transition period.
22
(5)
The affected student's HECS-HELP debt in relation to the unit of study
23
is taken to be remitted by an amount equal to the relevant amount for
24
the purposes of the
Higher Education Support Act 2003
.
25
9 No up-front payments made during transition period
26
(1)
This item applies if, during the transition period:
27
(a) under section 96-1 of the
Higher Education Support Act
28
2003
, the Commonwealth:
29
(i) as a benefit to an affected student, lent to the student an
30
amount of HECS-HELP assistance for a unit of study
31
with a higher education provider; and
32
(ii) paid to the provider the amount lent in discharge of the
33
student's liability to pay their student contribution
34
amount for the unit; and
35
Grandfathered students
Schedule 1
Application and transitional provisions
Part 2
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
7
(b) the affected student did not make any up-front payments in
1
relation to the unit.
2
(2)
If the amount paid to the higher education provider is more than the
3
amount that would have been paid in relation to the affected student had
4
the relevant amendment been in force during the transition period, the
5
difference between the 2 amounts may be:
6
(a) deducted from any amount that is payable, or to be paid, to
7
the higher education provider under the
Higher Education
8
Support Act 2003
; or
9
(b) recovered by the Commonwealth from the higher education
10
provider as a debt due to the Commonwealth.
11
(3)
The higher education provider must, on the Secretary's behalf, re-credit
12
the affected student's HELP balance with an amount (the
relevant
13
amount
) that is equal to the difference between the amount that was
14
paid to the provider and the amount that would have been paid in
15
relation to the affected student, had the relevant amendment been in
16
force during the transition period.
17
(4)
The affected student's HECS-HELP debt in relation to the unit of study
18
is taken to be remitted by an amount equal to the relevant amount for
19
the purposes of the
Higher Education Support Act 2003
.
20
10 Secretary may act if provider is unable to
21
If a higher education provider is unable to act for one or more of the
22
purposes of subitem 6(4) or 7(3), the Secretary may act as if one or
23
more of the references in those provisions to the provider were a
24
reference to the Secretary.
25
11 Interaction with the Higher Education Support Act 2003
26
The obligations imposed on a higher education provider under Part 2 of
27
this Schedule are taken, for the purposes of the
Higher Education
28
Support Act 2003
, to be conditions of a grant made to the provider
29
under Part 2-2 of that Act.
30
12 Transitional rules
31
(1)
The Minister may, by legislative instrument, make rules prescribing
32
matters of a transitional nature (including prescribing any saving or
33
Schedule 1
Grandfathered students
Part 2
Application and transitional provisions
8
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
No. , 2022
application provisions) relating to the amendments or repeals made by
1
this Schedule.
2
(2)
Without limiting subitem (1), rules made under this item before the end
3
of the period of 12 months starting on the day this Schedule commences
4
may provide that provisions of this Schedule, or any other Act or
5
instrument, have effect with any modifications prescribed by the rules.
6
Those provisions then have effect as if they were so modified.
7
(3)
To avoid doubt, the rules may not do the following:
8
(a) create an offence or civil penalty;
9
(b) provide powers of:
10
(i) arrest or detention; or
11
(ii) entry, search or seizure;
12
(c) impose a tax;
13
(d) set an amount to be appropriated from the Consolidated
14
Revenue Fund under an appropriation in this Act;
15
(e) directly amend the text of an Act.
16
(4)
This Schedule (other than subitem (3)) does not limit the rules that may
17
be made for the purposes of subitem (1).
18
HELP debt arrangements for certain rural, remote or very remote health practitioners
Schedule 2
Amendments
Part 1
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
9
Schedule 2--HELP debt arrangements for
1
certain rural, remote or very remote
2
health practitioners
3
Part 1--Amendments
4
Higher Education Support Act 2003
5
1 Subsection 128-25(3)
6
After "142-15", insert "or 144-10".
7
2 Section 129-1
8
Omit:
9
A very remote HELP debtor's accumulated debt, or the indexation
10
of that debt, may be reduced (see Division 142).
11
substitute:
12
Accumulated HELP debt, or the indexation of that debt, may be
13
reduced for certain HELP debtors working in rural, remote or very
14
remote areas (see Divisions 142 and 144).
15
3 Section 134-5
16
Repeal the section, substitute:
17
134-5 HELP Debtor Guidelines
18
(1) Matters relating to
*
location-preferred HELP debtors (teachers) are
19
dealt with in the HELP Debtor Guidelines (Teachers).
20
(2) Matters relating to
*
location-preferred HELP debtors (health
21
practitioners) are dealt with in the HELP Debtor Guidelines
22
(Health Practitioners).
23
(3) The provisions of this Part indicate when a particular matter is or
24
may be dealt with in those Guidelines.
25
Schedule 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
Part 1
Amendments
10
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
No. , 2022
Note:
The HELP Debtor Guidelines (Teachers) and HELP Debtor
1
Guidelines (Health Practitioners) are made by the Minister under
2
section 238-10.
3
4 At the end of paragraph 140-1(3)(d)
4
Add "or 144-10".
5
5 Paragraph 140-10(1)(a)
6
After "section 142-10", insert "or 144-5".
7
6 Subsection 140-10(1A) (at the end of the definition of B)
8
Add "or 144-5(2)".
9
7 Subsection 140-25(1) (formula)
10
Repeal the formula, substitute:
11
Former accumulated
HELP debts
HELP debt
Location-preferred HELP
HELP debt
incurred
repayments
debtor reduction
+
−
−
12
8 Subsection 140-25(1)
13
Insert:
14
location-preferred HELP debtor reduction
means the amount by
15
which the person's
*
accumulated HELP debt is to be reduced as a
16
result of a determination made by the
*
Secretary in relation to the
17
person under section 142-15 or 144-10:
18
(a) on or after 1 June in the preceding financial year; and
19
(b) before 1 June in the financial year.
20
9 Subsection 140-25(1) (definition of very remote HELP
21
debtor reduction)
22
Repeal the definition.
23
10 Division 142 (heading)
24
Omit "
very remote HELP debtors
", substitute "
location-preferred
25
HELP debtors--teachers
".
26
HELP debt arrangements for certain rural, remote or very remote health practitioners
Schedule 2
Amendments
Part 1
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
11
11 Section 142-1 (heading)
1
Omit "
very remote HELP debtor
", substitute "
location-preferred
2
HELP debtor (teacher)
".
3
12 Subsection 142-1(1)
4
Omit "
very remote HELP debtor
", substitute "
location-preferred
5
HELP debtor (teacher)
".
6
13 Subsection 142-1(3)
7
Omit "Very Remote HELP Debtor Guidelines", substitute "HELP
8
Debtor Guidelines (Teachers)".
9
14 Paragraph 142-1(3)(c)
10
Omit "
*
very remote HELP debtor", substitute "
*
location-preferred
11
HELP debtor (teacher)".
12
15 Subsection 142-5(2)
13
Omit "Very Remote HELP Debtor Guidelines", substitute "HELP
14
Debtor Guidelines (Teachers)".
15
16 Paragraph 142-10(1)(a)
16
After "financial year in", insert "relation to".
17
17 Subparagraph 142-10(1)(b)(i)
18
Omit "
*
very remote HELP debtor", substitute "
*
location-preferred
19
HELP debtor (teacher)".
20
18 Subparagraph 142-10(1)(b)(ii)
21
Omit "Very Remote HELP Debtor Guidelines", substitute "HELP
22
Debtor Guidelines (Teachers)".
23
19 Subsection 142-10(2)
24
Omit "
*
very remote HELP debtor", substitute "
*
location-preferred
25
HELP debtor (teacher)".
26
Schedule 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
Part 1
Amendments
12
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
No. , 2022
20 Subsection 142-10(3)
1
Omit "28 days after the day the Secretary receives the application under
2
subsection (4)", substitute "the period specified by subsection (3A)".
3
21 Subsection 142-10(3) (note)
4
Repeal the note.
5
22 After subsection 142-10(3)
6
Insert:
7
(3A) For the purposes of subsection (3), the period is:
8
(a) the period of 60 days after the day the
*
Secretary receives the
9
application under subsection (4); or
10
(b) any longer period (not exceeding 6 months) determined in
11
writing by the Secretary in relation to the application.
12
Note:
The Secretary is taken to have made a decision to reject the
13
application if the Secretary does not notify the person of the decision
14
within the period specified by this subsection: see section 206-5.
15
(3B) If the notice states a number of days by which indexation of the
16
person's
*
accumulated HELP debt is to be reduced, the
*
Secretary
17
must give a copy of the notice to the
*
Commissioner.
18
23 Paragraph 142-10(4)(d)
19
Omit "Very Remote HELP Debtor Guidelines", substitute "HELP
20
Debtor Guidelines (Teachers)".
21
24 Subparagraph 142-15(1)(a)(i)
22
Omit "
*
very remote HELP debtor", substitute "
*
location-preferred
23
HELP debtor (teacher)".
24
25 Subparagraph 142-15(1)(a)(ii)
25
Omit "those Guidelines", substitute "the HELP Debtor Guidelines
26
(Teachers)".
27
26 Subsection 142-15(4)
28
Omit "28 days after the day the Secretary receives an application under
29
subsection (5)", substitute "the period specified by subsection (4A)".
30
HELP debt arrangements for certain rural, remote or very remote health practitioners
Schedule 2
Amendments
Part 1
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
13
27 Subsection 142-15(4) (note)
1
Repeal the note.
2
28 After subsection 142-15(4)
3
Insert:
4
(4A) For the purposes of subsection (4), the period is:
5
(a) the period of 60 days after the day the
*
Secretary receives the
6
application under subsection (5); or
7
(b) any longer period (not exceeding 6 months) determined in
8
writing by the Secretary in relation to the application.
9
Note:
The Secretary is taken to have made a decision to reject the
10
application if the Secretary does not notify the person of the decision
11
within the period specified by this subsection: see section 206-5.
12
(4B) If the notice states an amount by which the person's
*
accumulated
13
HELP debt is to be reduced, the
*
Secretary must give a copy of the
14
notice to the
*
Commissioner.
15
29 Paragraph 142-15(5)(d)
16
Omit "Very Remote HELP Debtor Guidelines", substitute "HELP
17
Debtor Guidelines (Teachers)".
18
30 At the end of Part 4-1
19
Add:
20
Division 144--Special measures for location-preferred
21
HELP debtors--health practitioners
22
144-1 Meaning of location-preferred HELP debtor (health
23
practitioner)
24
(1) A person is a
location-preferred HELP debtor (health
25
practitioner)
in relation to a
*
course of study if:
26
(a) the person has completed the course of study; and
27
(b) the course of study is covered by subsection (2); and
28
(c) the person incurred a
*
HECS-HELP debt or a
*
FEE-HELP
29
debt in relation to the course of study; and
30
Schedule 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
Part 1
Amendments
14
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
No. , 2022
(d) the person holds the registration or accreditation as a kind of
1
health practitioner for the course of study specified by the
2
HELP Debtor Guidelines (Health Practitioners) (the
3
Guidelines
) for the purposes of this paragraph; and
4
(e) the person carries out work as that kind of health practitioner
5
in the circumstances (if any) specified by the Guidelines for
6
the purposes of this paragraph; and
7
(f) the work is carried out in an area specified by the Guidelines,
8
by reference to the
*
ABS Remoteness Structure, as a rural
9
area, a remote area or a very remote area for the purposes of
10
this paragraph; and
11
(g) the number of hours during which the person carries out
12
work is not less than the minimum number of hours (if any)
13
specified for a health practitioner of that kind by the
14
Guidelines for the purposes of this paragraph; and
15
(h) the person satisfies any other applicable requirements
16
specified by the Guidelines for the purposes of this
17
paragraph.
18
Eligible courses of study
19
(2) For the purposes of this Division, a
*
course of study
is covered by
20
this subsection if:
21
(a) it is a
*
course of study in medicine specified by the
22
Guidelines for the purposes of this paragraph; or
23
(b) it is a course of study:
24
(i) the completion of which would allow a person to be
25
registered as a nurse practitioner within the meaning of
26
the
Health Insurance Act 1973
; and
27
(ii) that is specified by the Guidelines for the purposes of
28
this subparagraph; or
29
(c) it is a course of study otherwise specified by the Guidelines
30
for the purposes of this paragraph.
31
HELP Debtor Guidelines (Health Practitioners)
32
(3) Without limiting subsection 238-10(1), the Guidelines may set out:
33
HELP debt arrangements for certain rural, remote or very remote health practitioners
Schedule 2
Amendments
Part 1
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
15
(a) circumstances in which a person is taken, or is taken not, to
1
carry out work as a
*
location-preferred HELP debtor (health
2
practitioner) as a particular kind of health practitioner; or
3
(b) circumstances in which a person is taken, or is taken not, to
4
carry out such work in a rural area, a remote area or a very
5
remote area; or
6
(c) circumstances in which a person is taken, or is taken not, to
7
be a location-preferred HELP debtor (health practitioner) in
8
relation to a
*
course of study for particular periods.
9
144-5 Reducing indexation of accumulated HELP debts
10
(1) The
*
Secretary must, on the application of a person under
11
subsection (6), determine that the indexation of the person's
12
*
accumulated HELP debt for a
*
course of study is to be reduced in
13
relation to a financial year if:
14
(a) on 1 June of the financial year in relation to which the
15
application is made, the person has an accumulated HELP
16
debt for the course of study; and
17
(b) the Secretary is satisfied that the person:
18
(i) was a
*
location-preferred HELP debtor (health
19
practitioner) in relation to the course of study at any
20
time during the calendar year (the
applicable calendar
21
year
) ending on 31 December in the financial year; and
22
(ii) has met such other requirements (if any) as are specified
23
in the HELP Debtor Guidelines (Health Practitioners)
24
for the purposes of this subparagraph.
25
(2) If the
*
Secretary determines that the indexation of the person's
26
*
accumulated HELP debt for a
*
course of study is to be reduced in
27
relation to a financial year, the Secretary must determine the
28
number of days in the applicable calendar year in respect of which
29
the person was a
*
location-preferred HELP debtor (health
30
practitioner) for the course of study.
31
(3) The
*
Secretary must, within the period specified by subsection (4),
32
give notice to the person of the Secretary's decision on that
33
application. The notice must:
34
(a) be in writing; and
35
Schedule 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
Part 1
Amendments
16
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
No. , 2022
(b) if the Secretary determines that the indexation of the person's
1
*
accumulated HELP debt for the
*
course of study is to be
2
reduced in relation to a financial year--state the number of
3
days determined by the Secretary under subsection (2).
4
(4) For the purposes of subsection (3), the period is:
5
(a) the period of 60 days after the day the
*
Secretary receives the
6
application under subsection (6); or
7
(b) any longer period (not exceeding 6 months) determined in
8
writing by the Secretary in relation to the application.
9
Note:
The Secretary is taken to have made a decision to reject the
10
application if the Secretary does not notify the person of the decision
11
within the period specified by this subsection: see section 206-5.
12
(5) If the notice states a number of days by which indexation of the
13
person's
*
accumulated HELP debt for the
*
course of study is to be
14
reduced, the
*
Secretary must give a copy of the notice to the
15
*
Commissioner.
16
(6) A person may apply to the
*
Secretary for a determination under
17
subsection (1) that the indexation of the person's
*
accumulated
18
HELP debt for a
*
course of study be reduced in relation to a
19
financial year. The application must:
20
(a) be in writing; and
21
(b) be in the form (if any) approved by the Secretary and
22
accompanied by the information (if any) required by the
23
Secretary; and
24
(c) include the person's
*
tax file number; and
25
(d) meet any requirements specified by the HELP Debtor
26
Guidelines (Health Practitioners) for the purposes of this
27
paragraph.
28
(7) The
*
Secretary may refuse to consider an application until the
29
Secretary is satisfied that the application complies with
30
subsection (6).
31
144-10 Reducing accumulated HELP debts
32
(1) The
*
Secretary must, on the application of a person under
33
subsection (7), determine that the person's
*
accumulated HELP
34
HELP debt arrangements for certain rural, remote or very remote health practitioners
Schedule 2
Amendments
Part 1
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
17
debt for a
*
course of study is to be reduced by a specified amount if
1
the Secretary is satisfied that the person:
2
(a) has been a
*
location-preferred HELP debtor (health
3
practitioner) in relation to the course of study for one or more
4
periods that, in total, are not less than the minimum period
5
specified for the course of study by the HELP Debtor
6
Guidelines (Health Practitioners); and
7
(b) has met such other requirements (if any) as are specified in
8
those Guidelines for the purposes of this paragraph.
9
(2) If the
*
Secretary determines that a person's
*
accumulated HELP
10
debt for a
*
course of study is to be reduced, the amount by which
11
that debt is reduced must not exceed the lesser of the following:
12
(a) the sum of the amounts of
*
HECS-HELP debt and
13
*
FEE-HELP debt incurred by the person in respect of units of
14
study:
15
(i) with a total
*
EFTSL value not exceeding the maximum
16
amount for the course of study specified in the HELP
17
Debtor Guidelines (Health Practitioners) for the
18
purposes of this subparagraph; and
19
(ii) undertaken as part of the course of study;
20
(b) the amount of the person's accumulated HELP debt for the
21
course of study on the day the person first becomes a
22
*
location-preferred HELP debtor (health practitioner) in
23
relation to the course of study.
24
(3) To avoid doubt, this section may have the effect of reducing a
25
person's
*
accumulated HELP debt for a financial year to less than
26
zero.
27
(4) The
*
Secretary must, within the period specified by subsection (5),
28
notify the person of the Secretary's decision on that application.
29
The notice must:
30
(a) be in writing; and
31
(b) if the Secretary has determined that the person's
32
*
accumulated HELP debt for the
*
course of study is to be
33
reduced--state the amount by which that debt is to be
34
reduced.
35
(5) For the purposes of subsection (4), the period is:
36
Schedule 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
Part 1
Amendments
18
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
No. , 2022
(a) the period of 60 days after the day the
*
Secretary receives the
1
application under subsection (7); or
2
(b) any longer period (not exceeding 6 months) determined in
3
writing by the Secretary in relation to the application.
4
Note:
The Secretary is taken to have made a decision to reject the
5
application if the Secretary does not notify the person of the decision
6
within the period specified by this subsection: see section 206-5.
7
(6) If the notice states an amount by which the person's
*
accumulated
8
HELP debt for the
*
course of study is to be reduced, the
*
Secretary
9
must give a copy of the notice to the
*
Commissioner.
10
(7) A person may apply to the
*
Secretary for a determination under
11
subsection (1) that the person's
*
accumulated HELP debt for a
12
*
course of study be reduced. The application must:
13
(a) be in writing; and
14
(b) be in the form (if any) approved by the Secretary and
15
accompanied by the information (if any) required by the
16
Secretary; and
17
(c) include the person's
*
tax file number; and
18
(d) meet any requirements specified by the HELP Debtor
19
Guidelines (Health Practitioners) for the purposes of this
20
paragraph.
21
(8) The
*
Secretary may refuse to consider an application until the
22
Secretary is satisfied that the application complies with
23
subsection (7).
24
144-15 Refunding amounts
25
If:
26
(a) the
*
Secretary has determined, for the purposes of
27
section 144-10, that a person's
*
accumulated HELP debt for
28
a
*
course of study is to be reduced by an amount; and
29
(b) the amount exceeds the sum of:
30
(i) the amount required to discharge the total debt that the
31
person owed to the Commonwealth under this Chapter;
32
and
33
HELP debt arrangements for certain rural, remote or very remote health practitioners
Schedule 2
Amendments
Part 1
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
19
(ii) the total amount of the person's primary tax debts
1
(within the meaning of Part IIB of the
Taxation
2
Administration Act 1953
);
3
the Commonwealth must refund to the person an amount equal to
4
that excess.
5
31 Section 206-1 (at the end of the cell at table item 2AA,
6
column headed "Provision under which decision is
7
made")
8
Add "or 144-5".
9
32 Section 206-1 (at the end of the cell at table item 2AB,
10
column headed "Provision under which decision is
11
made")
12
Add "or 144-10".
13
33 Subsection 238-10(1) (cell at table item 8AA, column
14
headed "Guidelines")
15
Repeal the cell, substitute:
16
HELP Debtor Guidelines (Teachers)
34 Subsection 238-10(1) (after table item 8AA)
17
Insert:
18
8AB
HELP Debtor Guidelines (Health
Practitioners)
Part 4-1
35 At the end of subsection 238-10(1)
19
Add:
20
Note:
The HELP Debtor Guidelines (Teachers) were previously known as
21
the Very Remote HELP Debtor Guidelines.
22
36 At the end of section 238-10
23
Add:
24
Schedule 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
Part 1
Amendments
20
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
No. , 2022
HELP Debtor Guidelines (Health Practitioners)
1
(4) The Minister must consult the Treasurer before specifying a kind
2
of health practitioner in the HELP Debtor Guidelines (Health
3
Practitioners) for the purposes of paragraph 144-1(1)(d).
4
(5) Despite subsection 14(2) of the
Legislation Act 2003
, the HELP
5
Debtor Guidelines (Health Practitioners) may make provision in
6
relation to a matter by applying, adopting or incorporating, with or
7
without modification, any matter contained in any other instrument
8
or other writing as in force or existing from time to time.
9
37 Subclause 1(1) of Schedule 1
10
Insert:
11
location-preferred HELP debtor (health practitioner)
: see
12
section 144-1.
13
location-preferred HELP debtor (teacher)
: see section 142-1.
14
38 Subclause 1(1) of Schedule 1 (definition of very remote
15
HELP debtor)
16
Repeal the definition.
17
HELP debt arrangements for certain rural, remote or very remote health practitioners
Schedule 2
Application, saving and transitional provisions
Part 2
No. , 2022
Higher Education Support Amendment (2022 Measures No. 1) Bill
2022
21
Part 2--Application, saving and transitional
1
provisions
2
39 Application of amendments
3
(1)
The amendments of sections 142-10 and 142-15 of the
Higher
4
Education Support Act 2003
made by this Schedule apply in relation to
5
applications under those sections that are received by the Secretary on
6
or after the commencement of this item.
7
(2)
Subsection 144-5(1) of the
Higher Education Support Act 2003
, as
8
inserted by this Part, applies in relation to the 2021-2022 financial year
9
and each later financial year.
10
(3)
Despite subsection 144-5(2) of the
Higher Education Support Act 2003
,
11
as inserted by this Schedule, a day that occurs before 1 January 2022
12
must not be counted for the purposes of that subsection.
13
(4)
Section 144-10 of the
Higher Education Support Act 2003
, as inserted
14
by this Schedule, applies in relation to a course of study whether
15
completed before or after the commencement of this Schedule.
16
(5)
Despite paragraph 144-10(1)(a) of the
Higher Education Support Act
17
2003
, as inserted by this Schedule, the Secretary must not determine
18
that a person was a location-preferred HELP debtor (health practitioner)
19
in relation to a course of study for a period if any part of the period
20
occurred before 1 January 2022.
21
40 Saving provisions
22
(1)
A person who was a very remote HELP debtor immediately before the
23
commencement of this Schedule is taken, on and after that
24
commencement, to be a location-preferred HELP debtor (teacher).
25
(2)
Very Remote HELP Debtor Guidelines made under
26
subsection 238-10(1) of the
Higher Education Support Act 2003
that
27
were in force immediately before the commencement of this
28
Schedule continue in force (and may be dealt with) as if they were
29
HELP Debtor Guidelines (Teachers) made under that subsection as
30
amended by this Schedule.
31