This item applies if:

If the amount paid by the Commonwealth is more than the amount that would have been paid to the higher education provider had the relevant amendment been in force during the transition period, the difference between the 2 amounts may be:

If the amount paid by the affected student is more than the amount that could have been paid to the higher education provider had the relevant amendment been in force during the transition period, the higher education provider must pay to the affected student an amount equal to the difference between the 2 amounts.

This item applies if:

(2) If the amount (the old amount) referred to in subparagraph (1)(c)(i) or (ii) is more than the amount (the new amount) that would have been paid to the provider had the relevant amendment been in force during the transition period, the difference between the old amount and the new amount may be:

If the amount paid by the affected student is more than the amount that could have been paid to the higher education provider had the relevant amendment been in force during the transition period, the higher education provider must pay to the affected student an amount equal to the difference between the 2 amounts.

(4) The higher education provider must, on the Secretary’s behalf, re-credit the affected student’s HELP balance with an amount (the relevant amount) that is equal to the difference between the amount referred to in subparagraph (1)(c)(i) that was paid to the provider and the amount that would have been paid under paragraph 96-2(3)(b) of the Higher Education Support Act 2003, had the relevant amendment been in force during the transition period.

(5) The affected student’s HECS-HELP debt in relation to the unit of study is taken to be remitted by an amount equal to the relevant amount for the purposes of the Higher Education Support Act 2003.

This item applies if, during the transition period:

If the amount paid to the higher education provider is more than the amount that would have been paid in relation to the affected student had the relevant amendment been in force during the transition period, the difference between the 2 amounts may be:

(3) The higher education provider must, on the Secretary’s behalf, re-credit the affected student’s HELP balance with an amount (the relevant amount) that is equal to the difference between the amount that was paid to the provider and the amount that would have been paid in relation to the affected student, had the relevant amendment been in force during the transition period.

(4) The affected student’s HECS-HELP debt in relation to the unit of study is taken to be remitted by an amount equal to the relevant amount for the purposes of the Higher Education Support Act 2003.

The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

Without limiting subitem (1), rules made under this item before the end of the period of 12 months starting on the day this Schedule commences may provide that provisions of this Schedule, or any other Act or instrument, have effect with any modifications prescribed by the rules. Those provisions then have effect as if they were so modified.

To avoid doubt, the rules may not do the following:

This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).

Matters relating to *location-preferred HELP debtors (teachers) are dealt with in the HELP Debtor Guidelines (Teachers).

Matters relating to *location-preferred HELP debtors (health practitioners) are dealt with in the HELP Debtor Guidelines (Health Practitioners).

The provisions of this Part indicate when a particular matter is or may be dealt with in those Guidelines.

For the purposes of subsection (3), the period is:

If the notice states a number of days by which indexation of the person’s *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

For the purposes of subsection (4), the period is:

If the notice states an amount by which the person’s *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

(1) A person is a location-preferred HELP debtor (health practitioner) in relation to a *course of study if:

(2) For the purposes of this Division, a *course of study is covered by this subsection if:

Without limiting subsection 238-10(1), the Guidelines may set out:

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:

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.

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:

For the purposes of subsection (3), the period is:

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.

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:

The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (6).

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:

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:

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.

The *Secretary must, within the period specified by subsection (5), notify the person of the Secretary’s decision on that application. The notice must:

For the purposes of subsection (4), the period is:

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.

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:

The *Secretary may refuse to consider an application until the Secretary is satisfied that the application complies with subsection (7).

The Minister must cause to be conducted independent reviews of the operation of this Division before:

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.

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:

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.

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.

The Minister must:

The Minister must consult the Treasurer before specifying a kind of health practitioner in the HELP Debtor Guidelines (Health Practitioners) for the purposes of paragraph 144-1(1)(d).

(5) Despite subsection 14(2) of the Legislation Act 2003, the HELP Debtor Guidelines (Health Practitioners) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time.

(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.

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.