Commonwealth of Australia Explanatory Memoranda

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EDUCATION LEGISLATION AMENDMENT (STARTUP YEAR AND OTHER MEASURES) BILL 2023

                                  2022-2023




         THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                    SENATE




EDUCATION LEGISLATION AMENDMENT (STARTUP YEAR AND OTHER MEASURES)
                                   BILL 2023




              SUPPLEMENTARY EXPLANATORY MEMORANDUM




     Requests for Amendments to be Moved on Behalf of the Government




      (Circulated by authority of the Minister for Education, Jason Clare)

 EDUCATION LEGISLATION AMENDMENT (STARTUP YEAR AND OTHER MEASURES)
                                      BILL 2023



OUTLINE
These amendments to the Education Legislation Amendment (Startup Year and
Other Measures) Bill (the Bill) extend Higher Education Loan Program (HELP)
assistance available under the Higher Education Support Act 2003 (the Act) (which
includes HECS-HELP, FEE-HELP, OS-HELP, SA-HELP and STARTUP-HELP) to New
Zealand citizens who are permanent residents, and were previously Special Category
Visa holders who were eligible for HELP assistance, to ensure these students can
continue to access HELP.

FINANCIAL IMPACT STATEMENT
The financial impacts are expected to be negligible.

HUMAN RIGHTS IMPLICATIONS

A detailed Statement of Compatibility with Human Rights was prepared for the Bill.
The amendment does not engage any human rights beyond those identified in the
original Statement of Compatibility with Human Rights prepared for the Bill. The
amendment does not affect compatibility with any of the human rights or freedoms
identified in that Statement.




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 EDUCATION LEGISLATION AMENDMENT (STARTUP YEAR AND OTHER MEASURES)
                             BILL 2023

                     PROPOSED GOVERNMENT AMENDMENTS
The Government proposes the following amendments to the Education Legislation
Amendment (Startup Year and Other Measures) Bill 2023.

Amendment (1) of Sheet PF120 omits the table in clause 2 on page 2 of the Bill
outlining commencement dates and substitutes it with an amended table. This is
necessary to include the commencement date for new Schedule 4. New Schedule 4
commences immediately after the commencement of the provisions covered by
table item 2 of the table, which commence the day after the Bill receives Royal
Assent.

Amendment (2) of Sheet PF120 adds new Schedule 4 at the end of the Bill. This
Schedule includes amendments to the Higher Education Support Act 2003 (the Act)
to provide for equivalent HELP treatment for New Zealand citizens who are
permanent residents of Australia and were previously Special Category Visa (SCV)
holders who were eligible for HELP assistance.
    1. Item 1 repeals paragraph 90-5(2A)(b) of the Act, which relates to citizenship
       or residency requirements for a student to be eligible for HECS-HELP
       assistance. It substitutes a new paragraph which provides that, in addition to
       special category visa holders under the Migration Act 1958, permanent visa
       holders who held special category visas immediately previous to their
       permanent visa also meet the citizenship or residency requirements to
       receive HECS-HELP assistance. This rectifies an unintended consequence of
       the pathway to Australian citizenship for New Zealand citizens whereby such
       citizens lose access to HELP when they transition from a SCV to a permanent
       resident visa.
    2. Item 2 repeals paragraph 104-5(2A)(b) of the Act, which relates to citizenship
       or residency requirements for a student to be eligible for FEE-HELP
       assistance. It substitutes a new paragraph with the same wording as new
       paragraph 90-5(2A)(b), for the same reason set out in Item 1.
    3. Item 3 repeals paragraph 118-5(2)(b) of the Act, which relates to citizenship
       or residency requirements for a student to be eligible for OS-HELP assistance.
       It substitutes a new paragraph with the same wording as new paragraph 90-
       5(2A)(b), for the same reason set out in Item 1.
    4. Item 4 repeals paragraph 126-5(2)(b) of the Act, which relates to citizenship
       or residency requirements for a student to be eligible for SA-HELP assistance.
       It substitutes a new paragraph with very similar wording as new paragraph
       90-5(2A)(b), for the same reason set out in Item 1.
    5. Item 5 repeals paragraph 128B-30(3)(b) of the Act, which relates to
       citizenship or residency requirements for a student to be eligible for new
       accelerator program courses. It substitutes a new paragraph with the same
       wording as new paragraph 90-5(2A)(b), for the same reason set out in Item 1.
    6. Item 6 is an application provision, which provides that the amendments to:


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a. section 90-5 (HECS-HELP assistance) apply to units of study with a
   census date on or after the day Schedule 4 commences;
b. section 104-5 (FEE-HELP assistance) apply to units of study with a
   census date on or after the day Schedule 4 commences;
c. section 118-5 (OS-HELP assistance) apply to applications for receipt of
   OS-HELP assistance that are made on or after the day Schedule 4
   commences; and
d. section 126-5 (SA-HELP assistance) apply to requests for
   Commonwealth assistance in relation to a student services and
   amenities fees that are made on or after the day Schedule 4
   commences.




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