Higher Education Support Act 2003

Chapter 4 - Repayment of loans  

PART 4-1 - INDEBTEDNESS  

Division 144 - Special measures for location-preferred HELP debtors - health practitioners  

SECTION 144-10   Reducing accumulated HELP debts  

144-10(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.

144-10(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.

144-10(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.

144-10(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.

144-10(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 .

144-10(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.

144-10(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.

144-10(8)    
The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (7) .