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 144-10 Reducing accumulated HELP debts

View history reference

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) .

View history note

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