HIGHER EDUCATION FUNDING ACT 1988
[ CCH Note: Act No 150 of 2003, s 3 and Sch 1 items 10 to 14 and 24, contains the following transitional provisions:
``Part 3 - Debts under the Higher Education Funding Act 1988
Conversion of accumulated HEC debts into accumulated HELP debts
10(1)
In working out, under section 140-25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the financial year starting on 1 July 2005, if a person incurs an accumulated HEC debt on 1 June 2005, add the debt to the amount under step 1 of the method statement in section 140-5 of that Act.
10(2)
The accumulated HELP debt that a person incurs on 1 June 2006 discharges, or discharges the unpaid part of, any accumulated HEC debt that the person incurred on 1 June 2005.
Taking account of voluntary payments made under the Higher Education Funding Act 1988 on or after 1 June 2005
11
If:
(a) on or after 1 June 2005, a person makes a payment to the Commissioner under Division 1 of Part 5A.3 of the Higher Education Funding Act 1988 ; and
(b) the payment would but for subsection 106N(2A) of that Act, be used in working out the person's accumulated HEC debt incurred on 1 June in a particular financial year;in working out, under section 140-25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 140-5 of that Act.
Taking account of voluntary payments made under the Higher Education Support Act 2003 before 1 June 2005
11A(1)
If:
(a) on or after 1 January 2005 and before 1 June 2005, a person makes a voluntary repayment to the Commissioner under Division 151 of the Higher Education Support Act 2003 ; and
(b) the payment is in respect of one or more HECS-HELP debts;in working out, under section 140-25 of that Act, a person's accumulated HECS-HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 140-5 of that Act.
11A(2)
If:
(a) on or after 1 January 2005 and before 1 June 2005, a person makes a voluntary repayment to the Commissioner under Division 151 of the Higher Education Support Act 2003 ; and
(b) the payment is in respect of one or more HELP debts that are not HECS-HELP debts;in working out, under section 143-15 of that Act, a person's accumulated FEE-HELP/OS-HELP debt for the financial year, add the amount to the amount of the sum referred to in step 3 of the method statement in section 143-5 of that Act.
Taking account of HEC assessment debts assessed on or after 1 June 2005
12
If:
(a) on or after 1 June 2005, the Commissioner makes an assessment under section 106T of the Higher Education Funding Act 1988 ; and
(b) an amount is included in the notice of the assessment that is required to be paid in respect of an accumulated HEC debt under section 106Q of that Act; and
(c) the amount would, but for subsection 106N(2A) of that Act, be used in working out the person's accumulated HEC debt incurred on 1 June in a particular financial year;in working out, under section 140-25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the financial year, add the amount to the amount of the sum referred to in step 4 of the method statement in section 140-5 of that Act.
Taking account of amendments of assessments of HEC assessment debts on or after 1 June 2005
13(1)
If:
(a) on or after 1 June 2005, the Commissioner amends an assessment made under section 106T of the Higher Education Funding Act 1988 of the amount of a person's HEC assessment debt; and
(b) the HEC assessment debt is increased by the amendment (whether as a result of an increase in the person's taxable income of an income year or otherwise);in working out, under section 140-25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the appropriate financial year, add the amount of the increase to the amount of the sum referred to in step 5 of the method statement in section 140-5 of that Act.
13(2)
If:
(a) on or after 1 June 2005, the Commissioner amends an assessment made under section 106T of the Higher Education Funding Act 1988 of the amount of a person's HEC assessment debt; and
(b) the HEC assessment debt is reduced by the amendment (whether as a result of a reduction in the person's taxable income of an income year or otherwise);in working out, under section 140-25 of the Higher Education Support Act 2003 , a person's accumulated HELP debt for the appropriate financial year, add the amount of the reduction to the amount of the sum referred to in step 6 of the method statement in section 140-5 of that Act.
13(3)
For the purposes of this item, the appropriate financial year is:
(a) if the amendment is made before 1 June in a financial year - that financial year; or
(b) if the amendment is made on or after 1 June in a financial year - the immediately succeeding financial year.
Definitions
14
In this Part:accumulated HEC debt
has the meaning given by section 106N of the Higher Education Funding Act 1988 .HEC assessment debt
Definitions
has the meaning given by section 34 of the Higher Education Funding Act 1988 .
24
In this Schedule:new Act
means the Higher Education Support Bill 2003 .old Act
means the Higher Education Funding Act 1988 .'']
View history note
Hide history noteThe Secretary may, in writing, remit the whole or part of a person ' s HEC semester debt or PELS semester debt if: (a) the person has not completed the course requirements for his or her course of study in respect of a semester during the semester or during the year in which the semester occurred; and (b) the Secretary is satisfied that special circumstances apply to the person (see subsection (3B) ); and (c) the person applies in writing to the Secretary for remission of the debt within 12 months after the person ' s withdrawal day in relation to a unit in the person ' s course of study for the semester (see subsection (3B) ).
106L(2)
The Secretary may, in writing, remit the whole or part of a person ' s BOTP study period debt or OL study period debt if: (a) the person has not completed the BOTP course, or one or more of the units of study for which he or she was enrolled for the study period; and (b) the Secretary is satisfied that special circumstances apply to the person (see subsection (3) ; and (c) the person applies in writing to the Secretary for remission of the debt within 12 months after the person ' s withdrawal day in relation to the BOTP course, or a unit of study, in which the person was enrolled for the study period (see subsection (3B) ).
106L(3)
For the purposes of this section, special circumstances , in relation to a person, include circumstances that the Secretary is satisfied: (a) are beyond the person ' s control; and (b) do not make their full impact on the person until on or after the census date for the course of study for the semester or the study period (as the case requires); and (c) make it impracticable for the person to complete the course requirements for the course of study for the semester during the semester or during the year in which the semester occurs, or the units of study for which he or she was enrolled for the study period (as the case requires).
Note: For meaning of census date , see sections 34 (HECS) and 99 (OLDPS).
106L(3A)
The Secretary may issue guidelines relating to circumstances in which the Secretary will be satisfied of a matter referred to in paragraph (3)(a) , (b) or (c) . A decision of the Secretary under subsection (1) or (2) must be in accordance with any such guidelines.
106L(3B)
For the purposes of this section, a person ' s withdrawal day , in relation to a unit in a course of study for a semester, or a BOTP course, or a unit of study for a study period, is: (a) if the person:
(i) has incurred a semester debt for the course of study for the semester; and
(ii) withdraws his or her enrolment in respect of the semester for the unit of study; and
the day specified by the institution in the notice as the day the withdrawal takes effect; or (b) if:
(iii) the institution at which the person was enrolled gives notice to the person that the withdrawal has taken effect;
(i) the person has incurred a semester debt for the course of study for the semester; and
(ii) paragraph (a) does not apply to the person; and
the last day of the semester; or (ba) if the person:
(iii) the person does not complete the course requirements for the course of study for the semester during the semester or during the year in which the semester occurred;
(i) has incurred a BOTP semester debt for the BOTP course; and
(ii) withdraws his or her enrolment for the course for the study period; and
the day specified by the institution in the notice as the day the withdrawal takes effect; or (bb) if:
(iii) the institution at which the person was enrolled gives notice to the person that the withdrawal has taken effect;
(i) the person has incurred a BOTP semester debt; and
(ii) paragraph (ba) does not apply to the person; and
the last day of the study period; or (c) if the person:
(iii) the person does not complete the BOTP course for which he or she was enrolled for the study period;
(i) has incurred an OL study period debt for the unit of study; and
(ii) withdraws his or her enrolment for the unit of study for the study period; and
the day specified by the Agency in the notice as the day the withdrawal takes effect; or (d) if:
(iii) the Agency gives notice to the person that the withdrawal has taken effect;
(i) the person has incurred an OL study period debt; and
(ii) paragraph (c) does not apply to the person; and
the last day of the study period.
(iii) the person does not complete the unit of study for which he or she was enrolled for the study period;
106L(4)
On receiving an application, the Secretary must as soon as practicable consider the matter to which the application relates and notify the applicant of the decision on the application.
106L(5)
The notice of the decision must include: (a) a statement of the reasons for the decision; and (b) a statement to the effect that:
(i) if the applicant is dissatisfied with the decision of the Secretary the applicant may, within 28 days of receiving the notice, apply under section 106M for reconsideration of the decision; and
(ii) if the applicant is dissatisfied with the decision on the reconsideration, the applicant may, subject to the Administrative Appeals Tribunal Act 1975 , make application to the Tribunal for a review of the decision on the reconsideration.
[ CCH Note: S 106L(5) will be amended by No 39 of 2024, s 3 and Sch 5 item 20, by substituting " subject to the Administrative Review Tribunal Act 2024 , make application to the Administrative Review Tribunal " for " subject to the Administrative Appeals Tribunal Act 1975 , make application to the Tribunal " in para (b)(ii), effective 14 October 2024.]
106L(6)
A failure to comply with subsection (5) does not affect the validity of the notice or of the decision notified.
106L(7)
If the Secretary remits the whole or a part of a semester debt, the Secretary must give to the Commissioner written notice setting out: (a) the name of the person whose debt is remitted; and (b) the amount remitted; and (c) any other particular that the Commissioner reasonably requires.
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