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Download PDFSchedule 2 — HELP debt arrangements for certain rural, remote or very remote health practitioners
Higher Education Support Act 2003
1 Subsection 128-25(3)
After “142-15”, insert “or 144-10”.
2 Section 129-1
Omit:
A very remote HELP debtor’s accumulated debt, or the indexation of that debt, may be reduced (see Division 142).
substitute:
Accumulated HELP debt, or the indexation of that debt, may be reduced for certain HELP debtors working in rural, remote or very remote areas (see Divisions 142 and 144).
3 Section 134-5
Repeal the section, substitute:
(1) Matters relating to * location-preferred HELP debtors (teachers) are dealt with in the HELP Debtor Guidelines (Teachers).
(2) Matters relating to * location-preferred HELP debtors (health practitioners) are dealt with in the HELP Debtor Guidelines (Health Practitioners).
(3) The provisions of this Part indicate when a particular matter is or may be dealt with in those Guidelines.
Note: The HELP Debtor Guidelines (Teachers) and HELP Debtor Guidelines (Health Practitioners) are made by the Minister under section 238-10.
4 At the end of paragraph 140-1(3)(d)
Add “or 144-10”.
5 Paragraph 140-10(1)(a)
After “section 142-10”, insert “or 144-5”.
6 Subsection 140-10(1A) (at the end of the definition of B )
Add “or 144-5(2)”.
7 Subsection 140-25(1) (formula)
Repeal the formula, substitute:
8 Subsection 140-25(1)
Insert:
location-preferred HELP debtor reduction means the amount by which the person’s * accumulated HELP debt is to be reduced as a result of a determination made by the * Secretary in relation to the person under section 142-15 or 144-10:
(a) on or after 1 June in the preceding financial year; and
(b) before 1 June in the financial year.
9 Subsection 140-25(1) (definition of very remote HELP debtor reduction )
Repeal the definition.
10 Division 142 (heading)
Omit “ very remote HELP debtors ”, substitute “ location-preferred HELP debtors—teachers ”.
11 Section 142-1 (heading)
Omit “ very remote HELP debtor ”, substitute “ location-preferred HELP debtor (teacher) ”.
12 Subsection 142-1(1)
Omit “ very remote HELP debtor ”, substitute “ location-preferred HELP debtor (teacher) ”.
13 Subsection 142-1(3)
Omit “Very Remote HELP Debtor Guidelines”, substitute “HELP Debtor Guidelines (Teachers)”.
14 Paragraph 142-1(3)(c)
Omit “ * very remote HELP debtor”, substitute “ * location-preferred HELP debtor (teacher)”.
15 Subsection 142-5(2)
Omit “Very Remote HELP Debtor Guidelines”, substitute “HELP Debtor Guidelines (Teachers)”.
16 Paragraph 142-10(1)(a)
After “financial year in”, insert “relation to”.
17 Subparagraph 142-10(1)(b)(i)
Omit “ * very remote HELP debtor”, substitute “ * location-preferred HELP debtor (teacher)”.
18 Subparagraph 142-10(1)(b)(ii)
Omit “Very Remote HELP Debtor Guidelines”, substitute “HELP Debtor Guidelines (Teachers)”.
19 Subsection 142-10(2)
Omit “ * very remote HELP debtor”, substitute “ * location-preferred HELP debtor (teacher)”.
20 Subsection 142-10(3)
Omit “28 days after the day the Secretary receives the application under subsection (4)”, substitute “the period specified by subsection (3A)”.
21 Subsection 142-10(3) (note)
Repeal the note.
22 After subsection 142-10(3)
Insert:
(3A) For the purposes of subsection (3), the period is:
(a) the period of 60 days after the day the * Secretary receives the application under subsection (4); or
(b) any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.
Note: The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206-5.
(3B) If the notice states a number of days by which indexation of the person’s * accumulated HELP debt is to be reduced, the * Secretary must give a copy of the notice to the * Commissioner.
23 Paragraph 142-10(4)(d)
Omit “Very Remote HELP Debtor Guidelines”, substitute “HELP Debtor Guidelines (Teachers)”.
24 Subparagraph 142-15(1)(a)(i)
Omit “ * very remote HELP debtor”, substitute “ * location-preferred HELP debtor (teacher)”.
25 Subparagraph 142-15(1)(a)(ii)
Omit “those Guidelines”, substitute “the HELP Debtor Guidelines (Teachers)”.
26 Subsection 142-15(4)
Omit “28 days after the day the Secretary receives an application under subsection (5)”, substitute “the period specified by subsection (4A)”.
27 Subsection 142-15(4) (note)
Repeal the note.
28 After subsection 142-15(4)
Insert:
(4A) For the purposes of subsection (4), the period is:
(a) the period of 60 days after the day the * Secretary receives the application under subsection (5); or
(b) any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.
Note: The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206-5.
(4B) If the notice states an amount by which the person’s * accumulated HELP debt is to be reduced, the * Secretary must give a copy of the notice to the * Commissioner.
29 Paragraph 142-15(5)(d)
Omit “Very Remote HELP Debtor Guidelines”, substitute “HELP Debtor Guidelines (Teachers)”.
30 At the end of Part 4-1
Add:
Division 144 — Special measures for location-preferred HELP debtors—health practitioners
144-1 Meaning of location-preferred HELP debtor (health practitioner)
(1) A person is a location-preferred HELP debtor (health practitioner) in relation to a * course of study if:
(a) the person has completed the course of study; and
(b) the course of study is covered by subsection (2); and
(c) the person incurred a * HECS-HELP debt or a * FEE-HELP debt in relation to the course of study; and
(d) the person holds the registration or accreditation as a kind of health practitioner for the course of study specified by the HELP Debtor Guidelines (Health Practitioners) (the Guidelines ) for the purposes of this paragraph; and
(e) the person carries out work as that kind of health practitioner in the circumstances (if any) specified by the Guidelines for the purposes of this paragraph; and
(f) the work is carried out in an area specified by the Guidelines, by reference to the * ABS Remoteness Structure, as a rural area, a remote area or a very remote area for the purposes of this paragraph; and
(g) the number of hours during which the person carries out work is not less than the minimum number of hours (if any) specified for a health practitioner of that kind by the Guidelines for the purposes of this paragraph; and
(h) the person satisfies any other applicable requirements specified by the Guidelines for the purposes of this paragraph.
Eligible courses of study
(2) For the purposes of this Division, a * course of studyis covered by this subsection if:
(a) it is a * course of study in medicine specified by the Guidelines for the purposes of this paragraph; or
(b) it is a course of study:
(i) the completion of which would allow a person to be registered as a nurse practitioner within the meaning of the Health Insurance Act 1973 ; and
(ii) that is specified by the Guidelines for the purposes of this subparagraph; or
(c) it is a course of study otherwise specified by the Guidelines for the purposes of this paragraph.
HELP Debtor Guidelines (Health Practitioners)
(3) Without limiting subsection 238-10(1), the Guidelines may set out:
(a) circumstances in which a person is taken, or is taken not, to carry out work as a * location-preferred HELP debtor (health practitioner) as a particular kind of health practitioner; or
(b) circumstances in which a person is taken, or is taken not, to carry out such work in a rural area, a remote area or a very remote area; or
(c) circumstances in which a person is taken, or is taken not, to be a location-preferred HELP debtor (health practitioner) in relation to a * course of study for particular periods.
144-5 Reducing indexation of accumulated HELP debts
(1) The * Secretary must, on the application of a person under subsection (6), determine that the indexation of the person’s * accumulated HELP debt for a * course of study is to be reduced in relation to a financial year if:
(a) on 1 June of the financial year in relation to which the application is made, the person has an accumulated HELP debt for the course of study; and
(b) the Secretary is satisfied that the person:
(i) was a * location-preferred HELP debtor (health practitioner) in relation to the course of study at any time during the calendar year (the applicable calendar year ) ending on 31 December in the financial year; and
(ii) has met such other requirements (if any) as are specified in the HELP Debtor Guidelines (Health Practitioners) for the purposes of this subparagraph.
(2) If the * Secretary determines that the indexation of the person’s * accumulated HELP debt for a * course of study is to be reduced in relation to a financial year, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a * location-preferred HELP debtor (health practitioner) for the course of study.
(3) The * Secretary must, within the period specified by subsection (4), give notice to the person of the Secretary’s decision on that application. The notice must:
(a) be in writing; and
(b) if the Secretary determines that the indexation of the person’s * accumulated HELP debt for the * course of study is to be reduced in relation to a financial year—state the number of days determined by the Secretary under subsection (2).
(4) For the purposes of subsection (3), the period is:
(a) the period of 60 days after the day the * Secretary receives the application under subsection (6); or
(b) any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.
Note: The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206-5.
(5) If the notice states a number of days by which indexation of the person’s * accumulated HELP debt for the * course of study is to be reduced, the * Secretary must give a copy of the notice to the * Commissioner.
(6) A person may apply to the * Secretary for a determination under subsection (1) that the indexation of the person’s * accumulated HELP debt for a * course of study be reduced in relation to a financial year. The application must:
(a) be in writing; and
(b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and
(c) include the person’s * tax file number; and
(d) meet any requirements specified by the HELP Debtor Guidelines (Health Practitioners) for the purposes of this paragraph.
(7) The * Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (6).
144-10 Reducing accumulated HELP debts
(1) The * Secretary must, on the application of a person under subsection (7), determine that the person’s * accumulated HELP debt for a * course of study is to be reduced by a specified amount if the Secretary is satisfied that the person:
(a) has been a * location-preferred HELP debtor (health practitioner) in relation to the course of study for one or more periods that, in total, are not less than the minimum period specified for the course of study by the HELP Debtor Guidelines (Health Practitioners); and
(b) has met such other requirements (if any) as are specified in those Guidelines for the purposes of this paragraph.
(2) If the * Secretary determines that a person’s * accumulated HELP debt for a * course of study is to be reduced, the amount by which that debt is reduced must not exceed the lesser of the following:
(a) the sum of the amounts of * HECS-HELP debt and * FEE-HELP debt incurred by the person in respect of units of study:
(i) with a total * EFTSL value not exceeding the maximum amount for the course of study specified in the HELP Debtor Guidelines (Health Practitioners) for the purposes of this subparagraph; and
(ii) undertaken as part of the course of study;
(b) the amount of the person’s accumulated HELP debt for the course of study on the day the person first becomes a * location-preferred HELP debtor (health practitioner) in relation to the course of study.
(3) To avoid doubt, this section may have the effect of reducing a person’s * accumulated HELP debt for a financial year to less than zero.
(4) The * Secretary must, within the period specified by subsection (5), notify the person of the Secretary’s decision on that application. The notice must:
(a) be in writing; and
(b) if the Secretary has determined that the person’s * accumulated HELP debt for the * course of study is to be reduced—state the amount by which that debt is to be reduced.
(5) For the purposes of subsection (4), the period is:
(a) the period of 60 days after the day the * Secretary receives the application under subsection (7); or
(b) any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.
Note: The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206-5.
(6) If the notice states an amount by which the person’s * accumulated HELP debt for the * course of study is to be reduced, the * Secretary must give a copy of the notice to the * Commissioner.
(7) A person may apply to the * Secretary for a determination under subsection (1) that the person’s * accumulated HELP debt for a * course of study be reduced. The application must:
(a) be in writing; and
(b) be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and
(c) include the person’s * tax file number; and
(d) meet any requirements specified by the HELP Debtor Guidelines (Health Practitioners) for the purposes of this paragraph.
(8) The * Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (7).
If:
(a) the * Secretary has determined, for the purposes of section 144-10, that a person’s * accumulated HELP debt for a * course of study is to be reduced by an amount; and
(b) the amount exceeds the sum of:
(i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and
(ii) the total amount of the person’s primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953 );
the Commonwealth must refund to the person an amount equal to that excess.
31 Section 206-1 (at the end of the cell at table item 2AA, column headed “Provision under which decision is made”)
Add “or 144-5”.
32 Section 206-1 (at the end of the cell at table item 2AB, column headed “Provision under which decision is made”)
Add “or 144-10”.
33 Subsection 238-10(1) (cell at table item 8AA, column headed “Guidelines”)
Repeal the cell, substitute:
|
HELP Debtor Guidelines (Teachers) |
34 Subsection 238-10(1) (after table item 8AA)
Insert:
|
8AB |
HELP Debtor Guidelines (Health Practitioners) |
Part 4-1 |
35 At the end of subsection 238-10(1)
Add:
Note: The HELP Debtor Guidelines (Teachers) were previously known as the Very Remote HELP Debtor Guidelines.
36 At the end of section 238-10
Add:
HELP Debtor Guidelines (Health Practitioners)
(4) The Minister must consult the Treasurer before specifying a kind of health practitioner in the HELP Debtor Guidelines (Health Practitioners) for the purposes of paragraph 144-1(1)(d).
(5) Despite subsection 14(2) of the Legislation Act 2003 , the HELP Debtor Guidelines (Health Practitioners) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time.
37 Subclause 1(1) of Schedule 1
Insert:
location-preferred HELP debtor (health practitioner) : see section 144-1.
location-preferred HELP debtor (teacher) : see section 142-1.
38 Subclause 1(1) of Schedule 1 (definition of very remote HELP debtor )
Repeal the definition.
Part 2 — Application, saving and transitional provisions
39 Application of amendments
(1) The amendments of sections 142-10 and 142-15 of the Higher Education Support Act 2003 made by this Schedule apply in relation to applications under those sections that are received by the Secretary on or after the commencement of this item.
(2) Subsection 144-5(1) of the Higher Education Support Act 2003 , as inserted by this Part, applies in relation to the 2021-2022 financial year and each later financial year.
(3) Despite subsection 144-5(2) of the Higher Education Support Act 2003 , as inserted by this Schedule, a day that occurs before 1 January 2022 must not be counted for the purposes of that subsection.
(4) Section 144-10 of the Higher Education Support Act 2003 , as inserted by this Schedule, applies in relation to a course of study whether completed before or after the commencement of this Schedule.
(5) Despite paragraph 144-10(1)(a) of the Higher Education Support Act 2003 , as inserted by this Schedule, the Secretary must not determine that a person was a location-preferred HELP debtor (health practitioner) in relation to a course of study for a period if any part of the period occurred before 1 January 2022.
40 Saving provisions
(1) A person who was a very remote HELP debtor immediately before the commencement of this Schedule is taken, on and after that commencement, to be a location-preferred HELP debtor (teacher).
(2) Very Remote HELP Debtor Guidelines made under subsection 238-10(1) of the Higher Education Support Act 2003 that were in force immediately before the commencement of this Schedule continue in force (and may be dealt with) as if they were HELP Debtor Guidelines (Teachers) made under that subsection as amended by this Schedule.