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

History

Div 144 inserted by No 3 of 2023, s 3 and Sch 2 item 30, effective 21 February 2023. No 3 of 2023, s 3 and Sch 2 items 39 and 40 contain the following application, saving and transitional provisions:

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.

SECTION 144-1 Meaning of location-preferred HELP debtor (health practitioner)

View history reference

144-1(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

144-1(2)
For the purposes of this Division, a *course of study is 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)

144-1(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.

View history note

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