Amendment No. 1 to the HECS-HELP Benefit Guidelines No. 1

Administered by Department of Industry, Science and Resources

Legislation au F2012L01178 Not in force Legislative Instrument

Legislation content

ATTACHMENT B

 

EXPLANATORY STATEMENT

 

Guidelines issued under section 238-10 of the Higher Education Support Act 2003

 

Amendment No. 1 to the HECS-HELP Benefit Guidelines No. 1.

 

Issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations.

 

 

Subject:  Higher Education Support Act 2003

   Amendment No. 1 to the HECS-HELP Benefit Guidelines No. 1.

 

Authority

 

Section 238-10 of the Higher Education Support Act 2003 (the Act) provides that the Minister may make guidelines providing for matters required or permitted by the Act necessary or convenient to be provided in order to carry out or give effect to the Act. In particular item 4A of the table at section 238-10 specifies the Minister may make the HECS-HELP Benefit Guidelines to give effect to matters set out in Part 4-2 of the Act.

 

Purpose and operation

 

This legislative instrument amends the HECS-HELP Benefit Guidelines No.1 registered on the Federal Register of Legislative Instruments on 10 March 2010 (see F2010L00630).

 

Consultation

 

The Guidelines give effect to 2009‑10 Budget measures and reflect the Government’s response to the Review of Australian Higher Education.  As part of the Review, extensive consultation was undertaken with the higher education sector, including higher education providers, peak bodies, state and territory governments and other key stakeholders.

 

The Guidelines are to be used by the Commissioner of Taxation in administering the HECS-HELP Benefit. The Australian Taxation Office has been consulted extensively on the amendments to the Guidelines, and has contributed to these amendments.

 

The amendments focus primarily on the eligibility requirements for Early Childhood Education Teachers. To ensure effective and complete coverage of areas of high need, especially in relation to rural and remote areas, consultation was undertaken with sections in the Higher Education Division in the Department of Industry, Innovation, Science, Research and Tertiary Education, who administer programs which are required to have a similar level of coverage.

 

 

 

 

Background

 

The amendments to the HECS-HELP Benefit Guidelines are necessary to expand the scope of the HECS-HELP Benefit for Early Childhood Education Teachers.

 

Removing the current requirement that an early childhood education teacher spends 50 per cent of the week ‘teaching’ will allow qualified early childhood education teachers not carrying this level of teaching workload, but are providing pedagogical and mentoring support to other staff, to obtain the Benefit. This is consistent with the aims of the National Quality Framework. It will also result in removing red tape in the Benefit application process, consistent with the aim of removing the regulatory burden under the National Quality Framework.

 

The expanded Benefit will allow more early childhood education teachers working in areas of high need to apply for the Benefit, including all rural and remote areas and regional cities.

 

A number of small changes in regard to streamlining the administration of the Benefit have been included, by request from the Australian Tax Office.

 

 

Overview of the Amendment No. 1 to the HECS-HELP Benefit Guidelines No. 1.

 

Division 154 of the Act provides for the discharge of compulsory repayment of HELP debts.

 

Detail of provisions

 

Section (i) – Citation

 

This section specifies the name of the instrument as Amendment No.1 to the HECS-HELP Benefit Guidelines No.1.

 

Section (ii) – Authority

 

This section states that the authority to make this instrument from section 238-10 of the Higher Education Support Act 2003.

 

Section (iii) – Date of Effect

 

This section provides that the Guidelines as amended by this instrument takes effect on the day after the day on which they are registered in the Federal Register of Legislation Instruments.

 

Section (iv) – Amendment

 

This section provides that this instrument amends the HECS – HELP Benefit Guidelines No.1 registered on the Federal Register of Legislative Instruments on 10 March 2010.

 

Item 1 – Clause 5 – Transitional Arrangements

 

Item 1 amends the HECS-HELP Benefit Guidelines No. 1 (the Guidelines) by deleting the current subclause 5(1) and substituting a new subclause 5(1), to provide that the revocation of the Previous Guidelines does not affect the validity of a payment or decision made under the Previous Guidelines.

 

Item 2 – Section 1.5 - Interpretation

 

Sub-item 2(a) amends the Guidelines by inserting the definition for the words Approved form.

 

Sub-item 2(b) amends the Guidelines by deleting the current definition of Early childhood education teacher and substituting a new definition of Early Childhood Education Teacher. The new definition of Early Childhood Education Teacher has been amended to remove the requirement that an early childhood education teacher spends 50 per cent of the week ‘teaching’, allowing teachers providing pedagogical support to receive the Benefit.

 

Sub-item 2(c) amends the Guidelines by deleting the definition of Form.

 

Item 3 – Section 2.15.1.20 – Eligibility requirements for early childhood education teachers

 

Item 3 amends the Guidelines by deleting the current paragraph 2.15.1.20 and substituting the new paragraph 2.15.1.20. The new paragraph 2.15.1.20 incorporates the current paragraph 2.15.1.25.

 

Item 4 – Paragraph 2.15.1.25

 

Item 4 amends the Guidelines by deleting the current paragraph 2.15.1.25. The current paragraph 2.15.1.25 is deleted as it is now incorporated in the new paragraph 2.15.1.20.

 

Item 5 – Paragraph 2.15.40

 

Item 5 amends the Guidelines by inserting paragraph 2.15.40 to include a new category of 2011-12 Ongoing Postcode Locations for the 2011-12 and any later income year. No postcodes have been deleted therefore no one will be disadvantaged from the changes.

 

Item 8 – Chapter 4 – Applying for the HECS-HELP Benefit

 

Item 8 amends the Guidelines by deleting the current Chapter 4 and substituting a new Chapter 4.

 

The new section 4.1 specifies, for the purposes of subsection 157-5 of the Act, the manner in which a person must apply to the Commissioner of Taxation for the HECS-HELP Benefit and the time within which an application must be made. The Section has been amended to remove the point “information that must be included in the form”.

 

The new section 4.5 has been amended to remove reference to the form a person must complete to apply for the Benefit. This amendment is a result of including the definition of Approved form in Section 1.5. 

 

The new section 4.10 states that an application must be made using the Approved form.

 

The new section 4.15 states that an application must be submitted no later than two years after the end of the income year for which a person is applying for a HECS-HELP benefit.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Amendment No.1 to the HECS-HELP Benefit Guidelines No.1

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

This Amendment No.1 to the HECS-HELP Benefit Guidelines No.1 are made by the Minister under section 238‑10 of the Higher Education Support Act 2003 (the Act).

 

The Amendment No.1 to the HECS-HELP Benefit Guidelines No.1 specify the eligibility requirements for the HECS-HELP Benefit, how the amount of an eligible person’s HECS-HELP Benefit for an income year is worked out, the form, manner and time within which an eligible person must apply for the HECS-HELP Benefit, and the time within which the Commissioner must notify an applicant of a determination of the person’s HECS-HELP Benefit.

 

 

Human rights implications

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

Senator Chris Evans, Minister for Tertiary Education, Skills, Science and Research

 

Overview

The Higher Education Support Act 2003, enacted to provide for the repayment of Commonwealth support for higher education, has been amended by the Amendment No. 1 to the HECS-HELP Benefit Guidelines No. 1, issued under section 238-10 of the Act. This amendment aims to expand the scope of the Higher Education Contribution Scheme – Higher Education Loans Program (HECS-HELP) Benefit for Early Childhood Education Teachers. The changes primarily address the eligibility requirements for the Benefit, particularly by removing the requirement that an early childhood education teacher spends 50 per cent of the week 'teaching'. This adjustment allows qualified early childhood education teachers who are not carrying this level of teaching workload but are providing pedagogical and mentoring support to other staff to obtain the Benefit. The policy objective is to ensure effective and complete coverage of areas of high need, especially in rural and remote areas, and to streamline the Benefit application process. The amendments reflect the Government’s response to the Review of Australian Higher Education and extensive consultation with stakeholders in the higher education sector. This legislative instrument, issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, is compatible with human rights as it does not raise any human rights issues, aligning with the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The changes are designed to enhance the eligibility of early childhood education teachers for the HECS-HELP Benefit, thereby supporting the National Quality Framework and reducing regulatory burden.

Scope and Application

The Amendment No. 1 to the HECS-HELP Benefit Guidelines No. 1, issued under section 238-10 of the Higher Education Support Act 2003, applies to individuals who are eligible for the Higher Education Contribution Scheme Help (HECS-HELP) Benefit, specifically early childhood education teachers. This legislative instrument is designed to streamline the eligibility criteria for the benefit, making it more accessible to early childhood education teachers who provide pedagogical support, thereby broadening the scope of the benefit to include those not solely focused on direct teaching activities. The amendment ensures that early childhood education teachers working in high-need areas, particularly rural and remote regions, can apply for the benefit without the prior requirement of spending 50 per cent of their time on teaching. The changes also include minor administrative adjustments to the application process, reflecting consultation with the Australian Taxation Office and other stakeholders. The guidelines apply nationally across Australia, providing a consistent framework for administering the HECS-HELP Benefit. There are no specific exclusions or thresholds mentioned in the text, and the application of the guidelines may be further detailed through subordinate instruments.

Key Provisions

The Higher Education Support Act 2003 Amendment No. 1 to the HECS-HELP Benefit Guidelines No. 1, issued under section 238-10, modifies the eligibility criteria for early childhood education teachers seeking the HECS-HELP Benefit. Previously, an early childhood education teacher had to spend at least 50% of their working week teaching to qualify for the benefit. The amendment removes this requirement, thus allowing teachers who provide pedagogical and mentoring support to be eligible for the benefit. This change aims to broaden the scope of the HECS-HELP Benefit to include teachers working in high-need areas, especially in rural and remote regions, without imposing unnecessary administrative burdens. The Act imposes specific obligations on the parties involved, particularly the early childhood education teachers and the Commissioner of Taxation. For teachers, the new guidelines mean they must meet the revised eligibility criteria, which no longer necessitates a 50% teaching workload. Instead, teachers providing pedagogical support are now eligible. The Commissioner of Taxation must also adhere to the updated guidelines when processing applications for the HECS-HELP Benefit. This includes using the newly defined "Approved form" and ensuring applications are submitted within two years after the end of the relevant income year. The legislative instrument does not explicitly outline specific offences or penalties for non-compliance within the text provided. However, non-compliance with the guidelines could potentially lead to disqualification from the HECS-HELP Benefit, which could have significant financial implications for eligible teachers. The Commissioner of Taxation would be responsible for enforcing these provisions, and any misuse or fraud could result in civil or criminal penalties under other applicable laws. The amendments also streamline the application process by removing certain outdated requirements and clarifying the process for submitting applications. For instance, applicants must now use the "Approved form" and submit their applications within a specified timeframe. The Australian Taxation Office has been extensively consulted on these amendments, ensuring that the administrative processes are efficient and aligned with the objectives of reducing regulatory burdens. In summary, the Amendment No. 1 to the HECS-HELP Benefit Guidelines No. 1 simplifies the eligibility criteria for early childhood education teachers and streamlines the application process, aiming to support teachers in high-need areas while reducing administrative complexities. The revised guidelines provide clear obligations for both applicants and the Commissioner of Taxation, ensuring the HECS-HELP Benefit is accessible to those who meet the updated criteria.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.