House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Education, Science and Training, the Honourable Julie Bishop MP)

Schedule 2 - Overseas study requirements for OS-HELP assistance

Higher Education Support Act 2003

Item 1 - After paragraph 118-1(1)(h)

Section 118-1 deals with entitlement to OS-HELP assistance for periods of study with overseas higher education institutions.

Item 1 amends section 118-1 by inserting proposed new paragraph 118-1(1)(ha) which is an additional eligibility requirement before a student is entitled to OS-HELP assistance in relation to a period of 6 months.

The proposed new paragraph requires the student to apply to the home provider for receipt of OS-HELP assistance in relation to the period.

Item 2 - Subsection 118-1(2)

Subsection 118-1(2) deals with when a student is not entitled to OS-HELP assistance. Item 2 deletes and replaces the subsection with new subsections 118-1(2) and (3), which clarify when a student is not entitled to OS-HELP assistance.

Proposed subsection 118-1(2) provides that the student is not entitled to OS-HELP assistance in relation to that period if:

•

another higher education provider has granted OS-HELP assistance to the student in relation to:

•

that period; or

•

a period that overlaps with that period; or

•

the student applies to the home provider for the assistance after the student has completed the study in relation to the period.

Proposed subsection 118-1(3) clarifies that the student may be outside Australia when the student applies to the home provider for receipt of OS-HELP assistance.

The purpose of this amendment is to clarify that a student is eligible for OS-HELP if the student is already overseas when applying but is not eligible for OS-HELP assistance if the student has completed the overseas study, regardless of whether the student is still overseas or has returned to Australia.

Items 3 and 4 - Subparagraph 118-10(a)(iii) and after paragraph 118-10(a)

Section 118-10 specifies the overseas study requirements for OS-HELP assistance.

Item 3 deletes subparagraph 118-10(a)(iii). Item 4 inserts the words deleted by item 3 after paragraph 118-10(a). This has the effect of creating a third condition for overseas study. The requirements are that:

•

the student is enrolled in full-time study with an overseas higher education provider and will be outside Australia while undertaking the study;

•

the study commences on or after 1 January 2005; and

•

the study outside Australia will count towards the course requirements of the course of study in which the student is enrolled with the home provider.

Item 5 - Paragraph 118-10(c)

Item 5 is a technical amendment which deletes the word "student's" from paragraph 118-10(c).