A Key terms beginning with the letter A 1. B Key terms beginning with the letter B 1. C Key terms beginning with the letter C 1.
D Key terms beginning with the letter D 1. E Key terms beginning with the letter E 1. F Key terms beginning with the letter F 1. G Key terms beginning with the letter G 1. H Key terms beginning with the letter H 1. I Key terms beginning with the letter I 1. J Key terms beginning with the letter J 1. If financial supplement payments have not commenced and reassessment means that the student is no longer eligible for the SFSS, because the student's general rate has ceased, they can no longer apply for the financial supplement.
A student who is already receiving the financial supplement may at any time provide a written request to the CBA to cease further instalments. The CBA then advises Centrelink that the payments will stop and the date from which the change was requested.
Payments must cease within 4 weeks of the date of the written request, and the balance of the general rate, if any, is restored for the remainder of the eligibility period. Any financial supplement instalments made outside that 4-week period are the responsibility of the CBA and may be recovered from the student by the bank. Any payment traded in for those instalments will be refunded to the student. The supplement amount the student has received for the year must still be repaid under the normal conditions.
If an overpayment of the supplement occurs because a student fails to notify a change of circumstances within the correct timeframe or financial supplement has been paid due to false or misleading information, the Commonwealth may buy back the amount of wrongly paid supplement from the CBA before the end of the contract period. Indexing the HELP repayment thresholds at CPI will ensure the value of the thresholds is maintained in real terms, as the thresholds will increase in line with consumer prices rather than average wages.
Access to higher education will be maintained through the continued availability of HELP loans. As individuals will commence repayment sooner, it may create the belief that costs are increasing for students, thereby reducing access to higher education. By lowering the repayment threshold, and altering the indexation of the threshold to grow in line with CPI, this measure makes the overall scheme more affordable for Government in the long-term, and does not result in an overall increase in costs for students.
This will enable some students to access a higher loan limit than under current arrangements. This will enable them to borrow up to the new limit. Schedule 3 of the Bill introduces a new, combined, and renewable limit on how much students can borrow under HELP to cover their tuition fees from 1 January By limiting borrowing to a maximum amount that is, firstly, sufficient to support almost nine years of full time study as a Commonwealth supported student and, secondly, can reasonably be repaid within a borrower's lifetime, this measure is consistent with fair and shared access to education.
The loan limit is indexed annually according to CPI, so that it keeps pace with inflation. This means that these students' right to education will not be compromised by amounts they have previously borrowed through HECS-HELP while they were Commonwealth supported students. To the extent that this measure may limit the right to education, these measures are reasonable, necessary, and proportionate to the policy objective of ensuring access to tertiary education for those who cannot afford to pay their tuition upfront.
Moreover, the measure could be seen to support and augment the right of access to education by establishing a fiscally responsible student loan scheme. It does not alter the general availability of tuition loan support for higher education and is justified in the context of available resources and the spirit of maximising educational access and inclusion. Article Right to equality and non-discrimination This Bill engages with Article 26 of the ICCPR which states that "the law shall prohibit any discrimination and guarantee to all persons equal protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status".
The measure contained in Schedule 1, the introduction of new HELP repayment thresholds, may be seen as limiting the right to non-discrimination due to disproportionate impacts on women and other low income groups. This includes women, individuals in part-time work, or individuals in low paid professions. As a result, some of these individuals, including women, may be making repayments for the first time as a result of the introduction of a lower minimum repayment threshold.
Addressing this income inequality, however, is not the role of the higher education loans system. This measure also introduces additional repayment thresholds for high income earners, who will be required to repay their HELP debts at higher rates. As men are disproportionately represented among high income earners, this aspect of the measure is more likely to affect men. The new minimum repayment threshold remains above the minimum wage.
This ensures that, even with the introduction of lower thresholds, individuals should not fall below a liveable income as a result of their repayment obligations. However, measures have been taken to reduce the effect of these changes on lower income earners. The lower rate of repayment ensures that the requirements on individuals facing repayment obligations for the first time are minimal, at only one per cent of their income.
Additionally, women, individuals in part-time work, or individuals in low paid professions will not face any limitations on their right to access a HELP loan, and therefore higher education courses, as a result of the changed thresholds. This will enable them to pursue further study in order to retrain, change careers, or further specialise in their current profession.
This adds an element of flexibility and equality to the HELP scheme that recognises that people often seek to engage in lifelong learning and ensures that they will not be prevented from doing so by the barrier of upfront tuition fees. Finally, protection for low income earners is maintained by the retention of Medicare levy protections. A person is not liable to make repayments towards their debt if they qualify for a reduced amount of Medicare levy, or if no Medicare levy is payable by that person on the person's taxable income for that year.
The introduction of these new repayment thresholds is necessary to ensure the sustainability of HELP. The introduction of these new thresholds will reduce the time it will take for individuals to repay their HELP debts, thereby reducing the deferral costs of providing HELP loans to students at no real rate of interest. The objective of ensuring the sustainability of the HELP scheme is reasonable, and the measure is proportionate and necessary. Conclusion The Bill is compatible with human rights because, to the extent that it may limit human rights, the limitations are reasonable, necessary and proportionate.
Clause 2 - Commencement Subclause 2 1 inserts a three column table setting out commencement information for various provisions in the Bill.
Each provision of the Bill specified in column 1 of the table commences or is taken to have commenced in accordance with column 2 of the table and any other statement in column 2 has effect according to its terms. Clause 3 - Schedule s Clause 3 provides that any legislation that is specified in a schedule is amended or repealed as set out in the applicable items in the schedule and that any other item in a schedule has effect according to its terms.
In the income year there will be a transitional year under which repayment thresholds applying to the SFSS will be fixed at three specific repayment thresholds and rates. Schedule 1 of the Bill also implements new indexation arrangements for HELP repayment thresholds including the minimum repayment amount.
This will ensure repayment requirements are adjusted in line with the cost of living. It also streamlines indexation factors used throughout HESA, as all amounts will be indexed by the same factor. Detailed explanation Part 1 - General amendments Higher Education Support Act Item 1 - Paragraph a Section of HESA provides for the minimum repayment income for an income year, that is, the amount that a person's repayment income must be above before they will be obliged to start repaying their accumulated HELP debts.
This amount has since been indexed every year. The amendments made by this item replace the Omnibus Act minimum repayment income change. New subsection ZZFD 4 is a transitional provision that only applies with respect to the income year. Item 5 repeals section ZZFE as it is no longer required. This is because repayment thresholds for are set as above, and repayment thresholds from onwards will be gazetted under section of HESA.
New subsection 12ZLC 2 provides that, for the purposes of new subsection 12ZLC 1 , an assumption needs to be made that the reference to the table in section of HESA to the person's repayment income is a reference to the person's repayment income within the meaning of section 12ZL of the Student Assistance Act. New subsection 12ZLC 3 provides that a person is not liable under section 12ZLC to pay an amount for an income year if the amount calculated under subsection 12ZLC 1 comes to zero or less than zero.
New subsection 12ZLC 4 is a transitional provision that only applies with respect to the income year. Item 7 repeals section 12ZLD as it is no longer required. This item repeals section , which is no longer required as item 16 of this Schedule inserts a new definition of index number into clause 2 into Schedule 1 to HESA.
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