Higher Education Support Amendment (2022 Measures No. 1) Act 2023 (3 of 2023)
Schedule 2 HELP debt arrangements for certain rural, remote or very remote health practitioners
Part 1 Amendments
Higher Education Support Act 2003
30 At the end of Part 4-1
Add:
Division 144 - Special measures for location-preferred HELP debtors - health practitioners
144-1 Meaning of location-preferred HELP debtor (health practitioner)
(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
(2) For the purposes of this Division, a *course of studyis 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)
(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.
144-5 Reducing indexation of accumulated HELP debts
(1) The *Secretary must, on the application of a person under subsection (6), determine that the indexation of the person's *accumulated HELP debt for a *course of study is to be reduced in relation to a financial year if:
(a) on 1 June of the financial year in relation to which the application is made, the person has an accumulated HELP debt for the course of study; and
(b) the Secretary is satisfied that the person:
(i) was a*location-preferred HELP debtor (health practitioner) in relation to the course of study at any time during the calendar year (the applicable calendar year ) ending on 31 December in the financial year; and
(ii) has met such other requirements (if any) as are specified in the HELP Debtor Guidelines (Health Practitioners) for the purposes of this subparagraph.
(2) If the *Secretary determines that the indexation of the person's *accumulated HELP debt for a *course of study is to be reduced in relation to a financial year, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a *location-preferred HELP debtor (health practitioner) for the course of study.
(3) The *Secretary must, within the period specified by subsection (4), give notice to the person of the Secretary's decision on that application. The notice must:
(a) be in writing; and
(b) if the Secretary determines that the indexation of the person's *accumulated HELP debt for the *course of study is to be reduced in relation to a financial year - state the number of days determined by the Secretary under subsection (2).
(4) For the purposes of subsection (3), the period is:
(a) the period of 60 days after the day the *Secretary receives the application under subsection (6); 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.
(5) If the notice states a number of days by which indexation of 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.
(6) A person may apply to the *Secretary for a determination under subsection (1) that the indexation of the person's *accumulated HELP debt for a *course of study be reduced in relation to a financial year. 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.
(7) The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (6).
144-10 Reducing accumulated HELP debts
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(8) The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (7).
144-15 Refunding amounts
If:
(a) the *Secretary has determined, for the purposes of section 144-10, that a person's *accumulated HELP debt for a *course of study is to be reduced by an amount; and
(b) the amount exceeds the sum of:
(i) the amount required to discharge the total debt that the person owed to the Commonwealth under this Chapter; and
(ii) the total amount of the person's primary tax debts (within the meaning of Part IIB of the Taxation Administration Act 1953);
the Commonwealth must refund to the person an amount equal to that excess.
144-20 Reviews of this Division
(1) The Minister must cause to be conducted independent reviews of the operation of this Division before:
(a) 1 July 2025; and
(b) 1 July 2028.
(1A) Each review must consider, and make recommendations to the Commonwealth Government about, the expansion of the policy implemented by this Division to other sectors of high skills need in rural, remote and very remote Australia, including the health, mental health and education sectors.
(1B) Each review should consult with rural and remote communities and their health, mental health and education service providers and specifically, the following must be consulted as part of each review:
(a) the National Rural Health Commissioner;
(b) the Regional Education Commissioner.
Report
(2) The Minister must cause to be prepared a report of each review under subsection (1) within 3 months of the commencement of the relevant review.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.
Response to report
(4) The Minister must:
(a) prepare a written statement in response to the report; and
(b) cause a copy of the statement to be tabled in each House of the Parliament within 30 sitting days of that House after the copy of the report is tabled in that House.