Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Education Legislation Amendment (2022
Measures No. 1) Bill 2022
No. , 2022
(Education, Skills and Employment)
A Bill for an Act to amend the law relating to
education, and for related purposes
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments commencing day after Royal Assent
3
Part 1--Student identifier requirements
3
Higher Education Support Act 2003
3
Part 2--HELP debt arrangements for certain rural, remote or
very remote health practitioners
7
Division 1--Amendments
7
Higher Education Support Act 2003
7
Division 2--Application, saving and transitional provisions
18
Part 3--Student learning entitlement--enabling courses
20
Higher Education Support Act 2003
20
Part 4--Other amendments
21
Higher Education Support Act 2003
21
Tertiary Education Quality and Standards Agency Act 2011
21
Schedule 2--Amendments commencing 1 January 2022
23
Higher Education Support Act 2003
23
Schedule 3--Amendments commencing 1 July 2022
24
Higher Education Support Act 2003
24
Schedule 4--Amendments commencing 1 January 2023
25
Higher Education Support Act 2003
25
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
1
A Bill for an Act to amend the law relating to
1
education, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Education Legislation Amendment (2022 Measures
5
No. 1) Act 2022
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
1 January 2022.
1 January 2022
4. Schedule 3
1 July 2022.
1 July 2022
5. Schedule 4
1 January 2023.
1 January 2023
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments commencing day after Royal Assent
Schedule 1
Student identifier requirements
Part 1
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
3
Schedule 1--Amendments commencing day
1
after Royal Assent
2
Part 1--Student identifier requirements
3
Higher Education Support Act 2003
4
1 Paragraph 36-10(1)(f)
5
Omit "the person has a
*
student identifier immediately before the
6
census date", substitute "the person meets the
*
student identifier
7
requirements for the purposes of this paragraph (see subsection (2C))".
8
2 Before subsection 36-10(2)
9
Insert:
10
When a person meets the citizenship or residency requirements
11
3 After subsection 36-10(2B)
12
Insert:
13
When a person meets the student identifier requirements
14
(2C) A person meets the
*
student identifier requirements for the
15
purposes of paragraph (1)(f) if:
16
(a) the person has a student identifier immediately before the
17
census date; and
18
(b) before the census date, the person notifies the person's
19
student identifier to:
20
(i) an
*
appropriate officer of the higher education provider;
21
and
22
(ii) the
*
Secretary.
23
(2D) A notification under paragraph (2C)(b) may be included in a
24
*
request for Commonwealth assistance that the person has given to
25
the higher education provider in relation to:
26
(a) the unit of study for which the assistance is sought; or
27
(b) the
*
course of study of which the unit forms a part; or
28
(c) any other unit of study forming part of that course.
29
Schedule 1
Amendments commencing day after Royal Assent
Part 1
Student identifier requirements
4
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
4 Paragraph 104-1(1)(ga)
1
Omit "the student has a
*
student identifier immediately before the
2
census date", substitute "the student meets the
*
student identifier
3
requirements under subsection (5)".
4
5 At the end of section 104-1
5
Add:
6
When a student meets the student identifier requirements
7
(5) A student meets the
*
student identifier requirements under this
8
subsection if:
9
(a) the student has a student identifier immediately before the
10
census date; and
11
(b) before the census date, the student notifies the student's
12
student identifier to:
13
(i) an
*
appropriate officer of the higher education provider;
14
and
15
(ii) the
*
Secretary.
16
(6) A notification under paragraph (5)(b) may be included in a
*
request
17
for Commonwealth assistance that the student has given to the
18
higher education provider in relation to:
19
(a) the unit of study for which the assistance is sought; or
20
(b) the
*
course of study of which the unit forms a part; or
21
(c) any other unit of study forming part of that course.
22
6 Paragraph 118-1(1)(hb)
23
Omit "the student has a
*
student identifier immediately before the
24
student made the application", substitute "the student meets the
*
student
25
identifier requirements under section 118-12".
26
7 After section 118-10
27
Insert:
28
118-12 Student identifier requirements
29
(1) The
*
student identifier requirements for
*
OS-HELP assistance are
30
that:
31
Amendments commencing day after Royal Assent
Schedule 1
Student identifier requirements
Part 1
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
5
(a) the student in question had a student identifier immediately
1
before the student made the application referred to in
2
paragraph 118-1(1)(hb); and
3
(b) before making, or at the time of making, the application
4
referred to in paragraph 118-1(1)(hb), the student notified the
5
student's student identifier to:
6
(i) an
*
appropriate officer of the higher education provider;
7
and
8
(ii) the
*
Secretary.
9
(2) A notification under paragraph (1)(b) may be included in a
*
request
10
for Commonwealth assistance that the student has given to the
11
higher education provider in relation to:
12
(a) the unit of study for which the assistance is sought; or
13
(b) the
*
course of study of which the unit forms a part; or
14
(c) any other unit of study forming part of that course.
15
8 Paragraph 126-1(1)(e)
16
Omit "the student has a
*
student identifier immediately before the day
17
on which the fee is payable", substitute "the student meets the
*
student
18
identifier requirements under section 126-10".
19
9 At the end of Division 126
20
Add:
21
126-10 Student identifier requirements
22
(1) A student meets the
*
student identifier requirements under this
23
section in relation to a
*
student services and amenities fee imposed
24
on the student by a higher education provider if:
25
(a) the student has a student identifier immediately before the
26
day on which the fee is payable; and
27
(b) before making, or at the time of making, the
*
request for
28
Commonwealth assistance referred to in
29
paragraph 126-1(1)(d), the student notifies the student's
30
student identifier to:
31
(i) an
*
appropriate officer of the higher education provider;
32
and
33
(ii) the
*
Secretary.
34
Schedule 1
Amendments commencing day after Royal Assent
Part 1
Student identifier requirements
6
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
(2) A notification under paragraph (1)(b) may be included in the
1
*
request for Commonwealth assistance by the student referred to in
2
paragraph 126-1(1)(d).
3
10 Application provisions
4
(1)
The amendments of section 36-10 of the
Higher Education Support Act
5
2003
made by this Part apply in relation to any unit of study with a
6
census date that is on or after the day this Part commences (whether the
7
unit of study is part of a course of study commenced before, on or after
8
that day).
9
(2)
The amendments of section 104-1 of the
Higher Education Support Act
10
2003
made by this Part apply in relation to determining entitlement to
11
FEE-HELP assistance for units of study with a census date that is on or
12
after the day this Part commences.
13
(3)
The amendment of section 118-1 of the
Higher Education Support Act
14
2003
made by this Part, and section 118-12 of that Act as inserted by
15
this Part, apply in relation to applications for receipt of OS-HELP
16
assistance that are made on or after the day this Part commences.
17
(4)
The amendment of section 126-1 of the
Higher Education Support Act
18
2003
made by this Part, and section 126-10 of that Act as inserted by
19
this Part, apply in relation to requests for Commonwealth assistance in
20
relation to a student services and amenities fee that are made on or after
21
the day this Part commences.
22
Amendments commencing day after Royal Assent
Schedule 1
HELP debt arrangements for certain rural, remote or very remote health practitioners
Part 2
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
7
Part 2--HELP debt arrangements for certain rural,
1
remote or very remote health practitioners
2
Division 1
--Amendments
3
Higher Education Support Act 2003
4
11 Subsection 128-25(3)
5
After "142-15", insert "or 144-10".
6
12 Section 129-
1 (paragraph beginning "A very remote")
7
Repeal the paragraph, substitute:
8
Accumulated HELP debt, or the indexation of that debt, may be
9
reduced for certain HELP debtors working in rural, remote or very
10
remote areas (see Divisions 142 and 144).
11
13 Section 134-5
12
Repeal the section, substitute:
13
134-5 HELP Debtor Guidelines
14
(1) Matters relating to
*
location-preferred HELP debtors (teachers) are
15
dealt with in the HELP Debtor Guidelines (Teachers).
16
(2) Matters relating to
*
location-preferred HELP debtors (health
17
practitioners) are dealt with in the HELP Debtor Guidelines
18
(Health Practitioners).
19
(3) The provisions of this Part indicate when a particular matter is or
20
may be dealt with in those Guidelines.
21
Note:
The HELP Debtor Guidelines (Teachers) and HELP Debtor
22
Guidelines (Health Practitioners) are made by the Minister under
23
section 238-10.
24
14 At the end of paragraph 140-1(3)(d)
25
Add "or 144-10".
26
Schedule 1
Amendments commencing day after Royal Assent
Part 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
8
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
15 Paragraph 140-10(1)(a)
1
After "section 142-10", insert "or 144-5".
2
16 Subsection 140-10(1A)
(definition of "B")
3
At the end of the definition, add "or 144-5(2)".
4
17 Subsection 140-25(1) (formula)
5
Repeal the formula, substitute:
6
Former accumulated
HELP debts
HELP debt
Location-preferred HELP
HELP debt
incurred
repayments
debtor reduction
+
−
−
7
8
18 Subsection 140-
25(1) (definition of "very remote HELP
9
debtor reduction
")
10
Repeal the definition, substitute:
11
location-preferred HELP debtor reduction
means the amount by
12
which the person's
*
accumulated HELP debt is to be reduced as a
13
result of a determination made by the
*
Secretary in relation to the
14
person under section 142-15 or 144-10:
15
(a) on or after 1 June in the preceding financial year; and
16
(b) before 1 June in the financial year.
17
19 Division 142 (heading)
18
Omit "
very remote HELP debtors
", substitute "
location-preferred
19
HELP debtors--teachers
".
20
20 Section 142-1 (heading)
21
Omit "
very remote HELP debtor
", substitute "
location-preferred
22
HELP debtor (teacher)
".
23
21 Subsection 142-1(1)
24
Omit "
very remote HELP debtor
", substitute "
location-preferred
25
HELP debtor (teacher)
".
26
Amendments commencing day after Royal Assent
Schedule 1
HELP debt arrangements for certain rural, remote or very remote health practitioners
Part 2
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
9
22 Subsection 142-1(3)
1
Omit "Very Remote HELP Debtor Guidelines", substitute "HELP
2
Debtor Guidelines (Teachers)".
3
23 Paragraph 142-1(3)(c)
4
Omit "
*
very remote HELP debtor", substitute "
*
location-preferred
5
HELP debtor (teacher)".
6
24 Subsection 142-5(2)
7
Omit "Very Remote HELP Debtor Guidelines", substitute "HELP
8
Debtor Guidelines (Teachers)".
9
25 Paragraph 142-10(1)(a)
10
After "financial year in", insert "relation to".
11
26 Subparagraph 142-10(1)(b)(i)
12
Omit "
*
very remote HELP debtor", substitute "
*
location-preferred
13
HELP debtor (teacher)".
14
27 Subparagraph 142-10(1)(b)(ii)
15
Omit "Very Remote HELP Debtor Guidelines", substitute "HELP
16
Debtor Guidelines (Teachers)".
17
28 Subsection 142-10(2)
18
Omit "
*
very remote HELP debtor", substitute "
*
location-preferred
19
HELP debtor (teacher)".
20
29 Subsection 142-10(3)
21
Omit "28 days after the day the Secretary receives the application under
22
subsection (4)", substitute "the period specified by subsection (3A)".
23
30 Subsection 142-10(3) (note)
24
Repeal the note.
25
31 After subsection 142-10(3)
26
Insert:
27
(3A) For the purposes of subsection (3), the period is:
28
Schedule 1
Amendments commencing day after Royal Assent
Part 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
10
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
(a) the period of 60 days after the day the
*
Secretary receives the
1
application under subsection (4); or
2
(b) any longer period (not exceeding 6 months) determined in
3
writing by the Secretary in relation to the application.
4
Note:
The Secretary is taken to have made a decision to reject the
5
application if the Secretary does not notify the person of the decision
6
within the period specified by this subsection: see section 206-5.
7
(3B) If the notice states a number of days by which indexation of the
8
person's
*
accumulated HELP debt is to be reduced, the
*
Secretary
9
must give a copy of the notice to the
*
Commissioner.
10
32 Paragraph 142-10(4)(d)
11
Omit "Very Remote HELP Debtor Guidelines", substitute "HELP
12
Debtor Guidelines (Teachers)".
13
33 Subparagraph 142-15(1)(a)(i)
14
Omit "
*
very remote HELP debtor", substitute "
*
location-preferred
15
HELP debtor (teacher)".
16
34 Subparagraph 142-15(1)(a)(ii)
17
Omit "those Guidelines", substitute "the HELP Debtor Guidelines
18
(Teachers)".
19
35 Subsection 142-15(4)
20
Omit "28 days after the day the Secretary receives an application under
21
subsection (5)", substitute "the period specified by subsection (4A)".
22
36 Subsection 142-15(4) (note)
23
Repeal the note.
24
37 After subsection 142-15(4)
25
Insert:
26
(4A) For the purposes of subsection (4), the period is:
27
(a) the period of 60 days after the day the
*
Secretary receives the
28
application under subsection (5); or
29
(b) any longer period (not exceeding 6 months) determined in
30
writing by the Secretary in relation to the application.
31
Amendments commencing day after Royal Assent
Schedule 1
HELP debt arrangements for certain rural, remote or very remote health practitioners
Part 2
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
11
Note:
The Secretary is taken to have made a decision to reject the
1
application if the Secretary does not notify the person of the decision
2
within the period specified by this subsection: see section 206-5.
3
(4B) If the notice states an amount by which the person's
*
accumulated
4
HELP debt is to be reduced, the
*
Secretary must give a copy of the
5
notice to the
*
Commissioner.
6
38 Paragraph 142-15(5)(d)
7
Omit "Very Remote HELP Debtor Guidelines", substitute "HELP
8
Debtor Guidelines (Teachers)".
9
39 At the end of Part 4-1
10
Add:
11
Division 144--Special measures for location-preferred
12
HELP debtors--health practitioners
13
144-1 Meaning of location-preferred HELP debtor (health
14
practitioner)
15
(1) A person is a
location-preferred HELP debtor (health
16
practitioner)
in relation to a
*
course of study if:
17
(a) the person has completed the course of study; and
18
(b) the course of study is covered by subsection (2); and
19
(c) the person incurred a
*
HECS-HELP debt or a
*
FEE-HELP
20
debt in relation to the course of study; and
21
(d) the person holds the registration or accreditation as a kind of
22
health practitioner for the course of study specified by the
23
HELP Debtor Guidelines (Health Practitioners) (the
24
Guidelines
) for the purposes of this paragraph; and
25
(e) the person carries out work as that kind of health practitioner
26
in the circumstances (if any) specified by the Guidelines for
27
the purposes of this paragraph; and
28
(f) the work is carried out in an area specified by the Guidelines,
29
by reference to the
*
ABS Remoteness Structure, as a rural
30
area, a remote area or a very remote area for the purposes of
31
this paragraph; and
32
Schedule 1
Amendments commencing day after Royal Assent
Part 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
12
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
(g) the number of hours during which the person carries out
1
work is not less than the minimum number of hours (if any)
2
specified for a health practitioner of that kind by the
3
Guidelines for the purposes of this paragraph; and
4
(h) the person satisfies any other applicable requirements
5
specified by the Guidelines for the purposes of this
6
paragraph.
7
Eligible courses of study
8
(2) For the purposes of this Division, a
*
course of study
is covered by
9
this subsection if:
10
(a) it is a
*
course of study in medicine specified by the
11
Guidelines for the purposes of this paragraph; or
12
(b) it is a course of study:
13
(i) the completion of which would allow a person to be
14
registered as a nurse practitioner within the meaning of
15
the
Health Insurance Act 1973
; and
16
(ii) that is specified by the Guidelines for the purposes of
17
this subparagraph; or
18
(c) it is a course of study otherwise specified by the Guidelines
19
for the purposes of this paragraph.
20
HELP Debtor Guidelines (Health Practitioners)
21
(3) Without limiting subsection 238-10(1), the Guidelines may set out:
22
(a) circumstances in which a person is taken, or is taken not, to
23
carry out work as a
*
location-preferred HELP debtor (health
24
practitioner) as a particular kind of health practitioner; or
25
(b) circumstances in which a person is taken, or is taken not, to
26
carry out such work in a rural area, a remote area or a very
27
remote area; or
28
(c) circumstances in which a person is taken, or is taken not, to
29
be a location-preferred HELP debtor (health practitioner) in
30
relation to a
*
course of study for particular periods.
31
144-5 Reducing indexation of accumulated HELP debts
32
(1) The
*
Secretary must, on the application of a person under
33
subsection (6), determine that the indexation of the person's
34
Amendments commencing day after Royal Assent
Schedule 1
HELP debt arrangements for certain rural, remote or very remote health practitioners
Part 2
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
13
*
accumulated HELP debt for a
*
course of study is to be reduced in
1
relation to a financial year if:
2
(a) on 1 June of the financial year in relation to which the
3
application is made, the person has an accumulated HELP
4
debt for the course of study; and
5
(b) the Secretary is satisfied that the person:
6
(i) was a
*
location-preferred HELP debtor (health
7
practitioner) in relation to the course of study at any
8
time during the calendar year (the
applicable calendar
9
year
) ending on 31 December in the financial year; and
10
(ii) has met such other requirements (if any) as are specified
11
in the HELP Debtor Guidelines (Health Practitioners)
12
for the purposes of this subparagraph.
13
(2) If the
*
Secretary determines that the indexation of the person's
14
*
accumulated HELP debt for a
*
course of study is to be reduced in
15
relation to a financial year, the Secretary must determine the
16
number of days in the applicable calendar year in respect of which
17
the person was a
*
location-preferred HELP debtor (health
18
practitioner) for the course of study.
19
(3) The
*
Secretary must, within the period specified by subsection (4),
20
give notice to the person of the Secretary's decision on that
21
application. The notice must:
22
(a) be in writing; and
23
(b) if the Secretary determines that the indexation of the person's
24
*
accumulated HELP debt for the
*
course of study is to be
25
reduced in relation to a financial year--state the number of
26
days determined by the Secretary under subsection (2).
27
(4) For the purposes of subsection (3), the period is:
28
(a) the period of 60 days after the day the
*
Secretary receives the
29
application under subsection (6); or
30
(b) any longer period (not exceeding 6 months) determined in
31
writing by the Secretary in relation to the application.
32
Note:
The Secretary is taken to have made a decision to reject the
33
application if the Secretary does not notify the person of the decision
34
within the period specified by this subsection: see section 206-5.
35
Schedule 1
Amendments commencing day after Royal Assent
Part 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
14
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
(5) If the notice states a number of days by which indexation of the
1
person's
*
accumulated HELP debt for the
*
course of study is to be
2
reduced, the
*
Secretary must give a copy of the notice to the
3
*
Commissioner.
4
(6) A person may apply to the
*
Secretary for a determination under
5
subsection (1) that the indexation of the person's
*
accumulated
6
HELP debt for a
*
course of study be reduced in relation to a
7
financial year. The application must:
8
(a) be in writing; and
9
(b) be in the form (if any) approved by the Secretary and
10
accompanied by the information (if any) required by the
11
Secretary; and
12
(c) include the person's
*
tax file number; and
13
(d) meet any requirements specified by the HELP Debtor
14
Guidelines (Health Practitioners) for the purposes of this
15
paragraph.
16
(7) The
*
Secretary may refuse to consider an application until the
17
Secretary is satisfied that the application complies with
18
subsection (6).
19
144-10 Reducing accumulated HELP debts
20
(1) The
*
Secretary must, on the application of a person under
21
subsection (7), determine that the person's
*
accumulated HELP
22
debt for a
*
course of study is to be reduced by a specified amount if
23
the Secretary is satisfied that the person:
24
(a) has been a
*
location-preferred HELP debtor (health
25
practitioner) in relation to the course of study for one or more
26
periods that, in total, are not less than the minimum period
27
specified for the course of study by the HELP Debtor
28
Guidelines (Health Practitioners); and
29
(b) has met such other requirements (if any) as are specified in
30
those Guidelines for the purposes of this paragraph.
31
(2) If the
*
Secretary determines that a person's
*
accumulated HELP
32
debt for a
*
course of study is to be reduced, the amount by which
33
that debt is reduced must not exceed the lesser of the following:
34
Amendments commencing day after Royal Assent
Schedule 1
HELP debt arrangements for certain rural, remote or very remote health practitioners
Part 2
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
15
(a) the sum of the amounts of
*
HECS-HELP debt and
1
*
FEE-HELP debt incurred by the person in respect of units of
2
study:
3
(i) with a total
*
EFTSL value not exceeding the maximum
4
amount for the course of study specified in the HELP
5
Debtor Guidelines (Health Practitioners) for the
6
purposes of this subparagraph; and
7
(ii) undertaken as part of the course of study;
8
(b) the amount of the person's accumulated HELP debt for the
9
course of study on the day the person first becomes a
10
*
location-preferred HELP debtor (health practitioner) in
11
relation to the course of study.
12
(3) To avoid doubt, this section may have the effect of reducing a
13
person's
*
accumulated HELP debt for a financial year to less than
14
zero.
15
(4) The
*
Secretary must, within the period specified by subsection (5),
16
notify the person of the Secretary's decision on that application.
17
The notice must:
18
(a) be in writing; and
19
(b) if the Secretary has determined that the person's
20
*
accumulated HELP debt for the
*
course of study is to be
21
reduced--state the amount by which that debt is to be
22
reduced.
23
(5) For the purposes of subsection (4), the period is:
24
(a) the period of 60 days after the day the
*
Secretary receives the
25
application under subsection (7); or
26
(b) any longer period (not exceeding 6 months) determined in
27
writing by the Secretary in relation to the application.
28
Note:
The Secretary is taken to have made a decision to reject the
29
application if the Secretary does not notify the person of the decision
30
within the period specified by this subsection: see section 206-5.
31
(6) If the notice states an amount by which the person's
*
accumulated
32
HELP debt for the
*
course of study is to be reduced, the
*
Secretary
33
must give a copy of the notice to the
*
Commissioner.
34
Schedule 1
Amendments commencing day after Royal Assent
Part 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
16
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
(7) A person may apply to the
*
Secretary for a determination under
1
subsection (1) that the person's
*
accumulated HELP debt for a
2
*
course of study be reduced. The application must:
3
(a) be in writing; and
4
(b) be in the form (if any) approved by the Secretary and
5
accompanied by the information (if any) required by the
6
Secretary; and
7
(c) include the person's
*
tax file number; and
8
(d) meet any requirements specified by the HELP Debtor
9
Guidelines (Health Practitioners) for the purposes of this
10
paragraph.
11
(8) The
*
Secretary may refuse to consider an application until the
12
Secretary is satisfied that the application complies with
13
subsection (7).
14
144-15 Refunding amounts
15
If:
16
(a) the
*
Secretary has determined, for the purposes of
17
section 144-10, that a person's
*
accumulated HELP debt for
18
a
*
course of study is to be reduced by an amount; and
19
(b) the amount exceeds the sum of:
20
(i) the amount required to discharge the total debt that the
21
person owed to the Commonwealth under this Chapter;
22
and
23
(ii) the total amount of the person's primary tax debts
24
(within the meaning of Part IIB of the
Taxation
25
Administration Act 1953
);
26
the Commonwealth must refund to the person an amount equal to
27
that excess.
28
40 Section 206-1 (at the end of the cell at table item 2AA,
29
column head
ed "Provision under which decision is
30
made")
31
Add "or 144-5".
32
Amendments commencing day after Royal Assent
Schedule 1
HELP debt arrangements for certain rural, remote or very remote health practitioners
Part 2
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
17
41 Section 206-1 (at the end of the cell at table item 2AB,
1
column headed "Provision under which decision is
2
made")
3
Add "or 144-10".
4
42 Subsection 238-10(1) (cell at table item 8AA, column
5
head
ed "Guidelines")
6
Repeal the cell, substitute:
7
HELP Debtor Guidelines (Teachers)
8
43 Subsection 238-10(1) (after table item 8AA)
9
Insert:
10
8AB
HELP Debtor Guidelines (Health
Practitioners)
Part 4-1
44 At the end of subsection 238-10(1)
11
Add:
12
Note:
The HELP Debtor Guidelines (Teachers) were previously known as
13
the Very Remote HELP Debtor Guidelines.
14
45 At the end of section 238-10
15
Add:
16
HELP Debtor Guidelines (Health Practitioners)
17
(4) The Minister must consult the Treasurer before specifying a health
18
practitioner in the HELP Debtor Guidelines (Health Practitioners)
19
for the purposes of paragraph 144-1(1)(d).
20
(5) Despite subsection 14(2) of the
Legislation Act 2003
, the HELP
21
Debtor Guidelines (Health Practitioners) may make provision in
22
relation to a matter by applying, adopting or incorporating, with or
23
without modification, any matter contained in any other instrument
24
or other writing as in force or existing from time to time.
25
46 Subclause 1(1) of Schedule 1
26
Insert:
27
Schedule 1
Amendments commencing day after Royal Assent
Part 2
HELP debt arrangements for certain rural, remote or very remote health
practitioners
18
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
location-preferred HELP debtor (health practitioner)
: see
1
section 144-1.
2
location-preferred HELP debtor (teacher)
: see section 142-1.
3
47 Subclause 1(1) of Schedule
1 (definition of "very remote
4
HELP debtor
")
5
Repeal the definition.
6
Division 2
--Application, saving and transitional
7
provisions
8
48 Application of amendments
9
(1)
The amendments of sections 142-10 and 142-15 of the
Higher
10
Education Support Act 2003
made by this Part apply in relation to
11
applications under those sections that are received by the Secretary on
12
or after the commencement of this item.
13
(2)
Subsection 144-5(1) of the
Higher Education Support Act 2003
, as
14
inserted by this Part, applies in relation to the 2021-2022 financial year
15
and each later financial year.
16
(3)
Despite subsection 144-5(2) of the
Higher Education Support Act 2003
,
17
as inserted by this Part, a day that occurs before 1 January 2022 must
18
not be counted for the purposes of that subsection.
19
(4)
Section 144-10 of the
Higher Education Support Act 2003
, as inserted
20
by this Part, applies in relation to a course of study whether completed
21
before or after the commencement of this Part.
22
(5)
Despite paragraph 144-10(1)(a) of the
Higher Education Support Act
23
2003
, as inserted by this Part, the Secretary must not determine that a
24
person was a location-preferred HELP debtor (health practitioner) in
25
relation to a course of study for a period if any part of the period
26
occurred before 1 January 2022.
27
49 Saving provisions
28
(1)
A person who was a very remote HELP debtor immediately before the
29
commencement of this Part is taken, on and after that commencement,
30
to be a location-preferred HELP debtor (teacher).
31
Amendments commencing day after Royal Assent
Schedule 1
HELP debt arrangements for certain rural, remote or very remote health practitioners
Part 2
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
19
(2)
Very Remote HELP Debtor Guidelines made under
1
subsection 238-10(1) of the
Higher Education Support Act 2003
that
2
were in force immediately before the commencement of this
3
Part continue in force (and may be dealt with) as if they were HELP
4
Debtor Guidelines (Teachers) made under that subsection as amended
5
by this Part.
6
Schedule 1
Amendments commencing day after Royal Assent
Part 3
Student learning entitlement--enabling courses
20
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
Part 3--Student learning entitlement--enabling
1
courses
2
Higher Education Support Act 2003
3
50 Section 70-1
4
Omit:
5
A person's SLE amount is reduced as the person undertakes units
6
of study as a Commonwealth supported student. The person's SLE
7
amount may also be re-credited in certain circumstances.
8
substitute:
9
A person's SLE amount is reduced as the person undertakes units
10
of study as a Commonwealth supported student. A unit of study
11
undertaken as part of an enabling course does not reduce the
12
person's SLE amount. The person's SLE amount may also be
13
re-credited in certain circumstances.
14
51 Paragraph 76-1(1)(a)
15
After "
*
course of study", insert "(other than an
*
enabling course)".
16
52 Application provision
17
The amendment of section 76-1 of the
Higher Education Support Act
18
2003
made by this Part applies in relation to an enabling course whether
19
the course is provided before or after the commencement of this Part.
20
Amendments commencing day after Royal Assent
Schedule 1
Other amendments
Part 4
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
21
Part 4--Other amendments
1
Higher Education Support Act 2003
2
53 Paragraph 36-24B(2)(b)
3
Repeal the paragraph, substitute:
4
(b) pay to the Commonwealth an amount equal to the amount (if
5
any) that was paid to the provider for the unit under
6
section 96-1, 96-2 or 96-3.
7
54 Paragraph 36-24BB(2)(b)
8
Repeal the paragraph, substitute:
9
(b) pay to the Commonwealth an amount equal to the amount (if
10
any) that was paid to the provider for the unit under
11
section 96-1, 96-2 or 96-3.
12
55 Paragraph 36-24BC(2)(b)
13
Repeal the paragraph, substitute:
14
(b) pay to the Commonwealth an amount equal to the amount (if
15
any) that was paid to the provider for the unit under
16
section 96-1, 96-2 or 96-3.
17
56 Subsection 110-5(1)
18
Omit "the amount of FEE-HELP assistance to which the person was
19
entitled for the unit", substitute "the amount (if any) that was paid to the
20
provider for the unit under subsection 110-1(1)".
21
57 Subsection 110-5(2)
22
Omit "the amount of FEE-HELP assistance to which the person was
23
entitled for the unit", substitute "the amount (if any) that was paid to
24
Open Universities Australia for the unit under subsection 110-1(2)".
25
Tertiary Education Quality and Standards Agency Act 2011
26
58 Subsection 26A(7)
27
Repeal the subsection, substitute:
28
Schedule 1
Amendments commencing day after Royal Assent
Part 4
Other amendments
22
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
Information and documents related to tuition protection
1
(7) The Up-front Payments Guidelines may specify either or both of
2
the following:
3
(a) information or documents that a registered higher education
4
provider must keep records of for the purposes of the tuition
5
protection requirements;
6
(b) information or documents that a registered higher education
7
provider must give to the
*
Secretary in accordance with
8
subsection (8).
9
59 Subsection 26A(8)
10
Omit "subsection (7)", substitute "paragraph (7)(b)".
11
Amendments commencing 1 January 2022
Schedule 2
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
23
Schedule 2--Amendments commencing
1
1 January 2022
2
3
Higher Education Support Act 2003
4
1 Subparagraph 137-10(2)(b)(i)
5
Omit "31 December 2021", substitute "31 December 2022".
6
2 Subparagraph 137-10(2)(b)(ia)
7
Omit "1 January 2022", substitute "1 January 2023".
8
Schedule 3
Amendments commencing 1 July 2022
24
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
Schedule 3--Amendments commencing
1
1 July 2022
2
3
Higher Education Support Act 2003
4
1 After subparagraph 104-10(1)(b)(i)
5
Insert:
6
(ia) the course of study is a
*
microcredential course; or
7
2 Subclause 1(1) of Schedule 1 (after paragraph (c) of the
8
definition of course of study)
9
Insert:
10
; or (d) in Part 3-3 and any other provision of this Act, to the extent
11
that the provision applies, or relates, to
*
FEE-HELP
12
assistance (and without limiting paragraph (a), (b) or (c) of
13
this definition)--a
*
microcredential course.
14
3 Subclause 1(1) of Schedule 1
15
Insert:
16
microcredential course
means a course of instruction:
17
(a) that consists of one or more units of study; and
18
(b) that meets the requirements specified in the FEE-HELP
19
Guidelines.
20
Amendments commencing 1 January 2023
Schedule 4
No. , 2022
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
25
Schedule 4--Amendments commencing
1
1 January 2023
2
3
Higher Education Support Act 2003
4
1 Paragraph 90-5(2A)(a)
5
After "citizen", insert "who will be resident in Australia for the duration
6
of the unit".
7
2 After subsection 90-5(2A)
8
Insert:
9
(2AA) In determining, for the purpose of paragraph (2A)(a), whether the
10
student will be resident in Australia for the duration of the unit,
11
disregard any period of residence outside Australia that:
12
(a) cannot reasonably be regarded as indicating an intention to
13
reside outside Australia for the duration of that unit; or
14
(b) is required for the purpose of completing a requirement of
15
that unit.
16
3 Paragraph 104-5(2A)(a)
17
After "citizen", insert "who will be resident in Australia for the duration
18
of the unit".
19
4 After subsection 104-5(2A)
20
Insert:
21
(2AA) In determining, for the purpose of paragraph (2A)(a), whether the
22
student will be resident in Australia for the duration of the unit,
23
disregard any period of residence outside Australia that:
24
(a) cannot reasonably be regarded as indicating an intention to
25
reside outside Australia for the duration of that unit; or
26
(b) is required for the purpose of completing a requirement of
27
that unit.
28
Schedule 4
Amendments commencing 1 January 2023
26
Education Legislation Amendment (2022 Measures No. 1) Bill 2022
No. , 2022
5 Application provisions
1
(1)
The amendments of section 90-5 of the
Higher Education Support Act
2
2003
made by this Schedule apply in relation to determining entitlement
3
to HECS-HELP assistance for units of study with a census date that is
4
on or after 1 January 2023.
5
(2)
The amendments of section 104-5 of the
Higher Education Support Act
6
2003
made by this Schedule apply in relation to determining entitlement
7
to FEE-HELP assistance for units of study with a census date that is on
8
or after 1 January 2023.
9