M. Changes in March 2020 edition

Chapter Part Updates to information regarding
1 Introductory paragraph Amendment to first sentence outlining the purpose of the AIP.
1 1.1 Insertion of sentence stating that providers should seek their own legal advice to understand their obligations under HESA and other Commonwealth legislation.
1 Throughout chapter General amendments to align the text of the AIP with the language of HESA.
2 2.2 Reframing of first paragraph, including insertion of reference to HESA subsection 169-15(3).
2 2.2 Inclusion of further guidance to providers in regards to where a continuing student makes an upfront payment in the following situations: the payment fully covers the student’s tuition fee, the payment does not fully cover the tuition fee, and the payment exceeds the tuition fee.
2 2.3 Reframing of sentence to clarify that new providers can seek general guidance from the department regarding their plans for transitioning continuing students by emailing FEE-HELP@dese.gov.au.
2 2.4 Insertion of new part 2.4 ‘Contact for FEE-HELP assistance’
4   Focus of this chapter has changed to pre-2010 students – this is reflected in the title. Previous pre-2010 students section has also been restructured and further guidance has been added, including guidance on when a person is not a pre-2010 student.
5   Insertion of dot point added to end of chapter for further guidance.
6   Definitions of ‘domestic student’ and ‘overseas student’ amended to accurately reflect HESA.
8 Introductory paragraph Amended to provide further guidance on the importance of census dates.
9 Introductory paragraph EFTSL example inserted.
10 10.1 Text updated to advise that paper form orders over 200 (per loan type) from providers will require a business case to justify why the forms are needed (as providers should be using the electronic version of the forms).
10 10.2 Text updated to state students should have access to the HELP forms at the same time, or as soon as practicable.
10 10.8 Text amended to highlight that a new form must be completed if a student changes their citizenship/residency status.
11 11.4 Text updated to clarify when updated CANs must be issued to students so they have a correct record of their assistance (i.e. if debt is remitted etc).
12 12.2 Correction of incorrect characterisation of HESA subsections 169-20(3A) and (3B).
15 15.2 Following suggestion from the University of Sydney, text amended to clarify cross-institutional students can only obtain SA-HELP at their home provider where they are enrolled in a course of study, but not at their host provider.
15 15.4 Example included at the end of this section.
16 16.2 Insertion of guidance in relation to a new category of study abroad program titled ‘enrolled study abroad program’.
16 16.3 Text amended to clarify overseas students are not eligible for HELP (was a weird sentence anyway).
18 18.2 Insertion of first paragraph under ‘Incentives to enrol’ heading to provide further guidance.
19 19.10 Removal of examples at the end of section.
21 21.1 Text amended to accurately reflect HESA sections 36-10 and 36-15.
21 21.2 Text amended to clarify wording.
21 21.3 Previous part 21.8 has been consolidated into part 21.3. The full list of circumstances under which a provider must not advise a person that they are a Commonwealth supported student have been outlined.
21 21.6 This section has been re-written so that it accurately summarises HESA section 36-10.
21 21.7 Previous part 21.10 is now section 21.7.  The content under the subheading ‘Units for which students are not eligible to be Commonwealth supported’ has been moved to part 21.3.
21 21.8 Previous part 21.8 (Student Learning Entitlement) has been deleted, as this scheme has been abolished. Part 21.8 now relates to enrolment requirements. The text relating to enrolment requirements has also been amended to provide further guidance.
21 21.9 and 21.10 The previous parts 21.12 and 21.13 are now reflected in parts 21.9 and 21.10 respectively. The text under these headings have been amended to provide more succinct and accurate guidance.
23 23.5 Second sentence under the subheading ‘Australian citizens and holders of permanent humanitarian visas’ has been deleted.
24 24.1 Guidance on summer and winter school units has been consolidated into part 24.1. Amendments were made to align the text with the language of HESA./td>
25 25.1 Third paragraph in previous AIP deleted, as it was deemed unnecessary.
29 Throughout chapter Chapter 29 has been rewritten to reflect the combined HELP loan limit changes that will commence in January 2020.
29 29.3 Deleted the information in part 29.3 on New Zealand Special Category Visa holders (now in Appendix E and referenced in the relevant sections) and replaced it with information about the 2020 HELP changes to reflect the passing of legislation and subsequent implementation of measures commencing 1 January 2020.
29 29.4 Inserted part 29.4 explaining how the amount of HELP debt is calculated.
30 Throughout chapter Chapter 30 has been rewritten to reflect the combined HELP loan limit changes that will commence in January 2020.
30 30.7 Text amended to clarify multiple units may be included on the one CAN, provided all units have the same census date.
31 Throughout chapter Chapter 31 has been rewritten to reflect the combined HELP loan limit changes that will commence in January 2020.
33 33.1 – What is SA-HELP? Change From:

‘A provider who chooses to charge a student services and amenities fee must set a date that the debt is incurred, which is the last date that a student can pay the fee up-front and is the date that a student using SA-HELP will incur a debt for deferring the fee.’

Change To:

‘A provider who chooses to charge a student services and amenities fee must set a date by which the fee is payable. The day immediately after this date is when a student using SA-HELP will incur a debt for deferring the fee.’

For Appendix: Adjusted to better reflect legislation.

33 33.3 – Re-applying for SA-HELP?

Change from:

Re-applying for SA-HELP

A student will only be required to apply for SA-HELP once for a course of study at a provider. If a student changes courses or providers, the student will need to re-apply for SA‑HELP.

Change to:

Nil

For Appendix: Removed as eligibility applies at any point in time.

33 33.10 (now 33.8) – Remitting SA-HELP? Change From:

SA-HELP debt cannot be remitted under any circumstances.

Change to:

A SA-HELP debt can only be remitted limited circumstances.

These circumstances arise when:

  • a provider imposes a student services and amenities fee on a person; and
  • the provider receives notice that the person does not have a tax file number; and 
  • at the end of 28 days after receiving this notice, the provider has not received a tax file number that it is satisfied is valid; and the person is eligible for SA-HELP.

If the above circumstances arise the provider must repay any amount paid to the Commonwealth to discharge the person’s liability

For Appendix: Adjusted to reflect the limited circumstances when a debt can be remitted.

34 34.8 Part 34.8 (Validation of TFNs) has been revised to reflect the TCSI changes.
35 35.5 Inserted part 35.5 explaining how HELP balances are re‑credited.
36 Throughout chapter Chapter 36 has been rewritten to reflect the TCSI system, which will replace HEIMS in 2020. The content relating to CHESSNs (previously in chapter 41) has been rewritten and is reflected at part 36.3
37 37.1 Third paragraph of previous AIP deleted as this paragraph went beyond the requirements of HESA section 19-95.
41   This chapter has been deleted, as HEIMS will be replaced by TCSI in 2020. All references to HEIMS in the AIP have been amended to refer to TCSI.
44 Throughout chapter Amendments to information to clarify the relationship between the waiver process and special circumstances, and aligning the information about the process to what is currently on the Department of Finance’s websites.
46 Throughout appendix Appendices C to H in previous AIP have been deleted. This has changed the numbering of the appendices in the current version when compared to the previous version.
46 Appendix A Contact details and legislative references updated.
46 Appendix C Content regarding permanent and permanent humanitarian visa subclasses has been shortened to refer to the link on the Department of Home Affairs website.
46 Appendix E Further guidance has been included on the eligibility requirements for New Zealand citizens.
46 Appendix J Content relating to special circumstances decision-making.
46 Appendix K Content relating to Code of Practice for notification of reviewable decisions and rights of review by the AAT.