{"id":"F2017L00622","name":"Higher Education (HELP Program Commonwealth Officers) Instrument 2017","slug":"higher-education-help-program-commonwealth-officers-instrument-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96395,"registerId":"commonwealth-F2017L00622-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education (HELP Program Commonwealth Officers) Instrument 2017","content":"![Commonwealth Coat of Arms](image.001.png)\n\nHigher Education (HELP Program Commonwealth Officers) Instrument 2017\n\nmade under subsection 180-28(8) of the Higher Education Support Act 2003\n\nCompilation No. 2\n\nCompilation date: 31 March 2022\n\nIncludes amendments up to: Higher Education (HELP Program Commonwealth Officers) Amendment (Specifying University of Canberra Officers as HELP Program Commonwealth Officers) Instrument 2022 \\[F2022L00419\\]\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Higher Education (HELP Program Commonwealth Officers) Instrument 2017 that shows the text of the law as amended and in force on 31 March 2022 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n  \n\n1 Name\n\nThis is the Higher Education (HELP Program Commonwealth Officers) Instrument 2017.\n\n3 Authority\n\nThis instrument is made under subsection 180-28(8) of the Higher Education Support Act 2003 (the Act).\n\n4 Commonwealth officers specified to be HELP program Commonwealth officers\n\n    (1) Pursuant to subsection 180-28(8) of the Act, the following Commonwealth officers are specified to be HELP program Commonwealth officers for the purposes of paragraph 180-28(7)(c) of the Act:\n\n(a) The Australian Government Actuary;\n\n(b) Commonwealth officers employed by the Office of the Australian Government Actuary;\n\n(c) Commonwealth officers engaged by the department for the purposes set out in subsection 180-28(5) of the Act;\n\n(d) taxation officers performing functions for the purposes set out in subsection 180-28(5) of the Act; and\n\n(e) Employees of the University of Canberra, a body constituted under the University of Canberra Act 1989 (ACT), who are engaged by the Commonwealth to perform functions set out in subsection 180-28(5) of the Act.\n\n    (2) In subsection (1):\n\ntaxation officer means a Commonwealth officer:\n\n(a) who is a taxation officer within the meaning given by section 355-30 of Schedule 1 to the Taxation Administration Act 1953; or\n\n(b) to whom Division 355 of Schedule 1 to the Taxation Administration Act 1953 applies due to the operation of section 355-15 of that Schedule.\n\n> Note: Commonwealth officer has the meaning given by subsection 179-15(2) of the Act.  \n> HELP program Commonwealth officer has the meaning given by [subsection](http://www.austlii.edu.au/au/legis/cth/consol_act/hesa2003271/s206.1.html#subsection) 180-28(7) of the Act.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n|                                                | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| ad = added or inserted                         | Ord = Ordinance                     |\n| am = amended                                   | orig = original                     |\n| amdt = amendment                               | par = paragraph(s)/subparagraph(s)  |\n| c = clause(s)                                  | /sub‑subparagraph(s)                |\n| C[x] = Compilation No. x                       | pres = present                      |\n| Ch = Chapter(s)                                | prev = previous                     |\n| def = definition(s)                            | (prev…) = previously                |\n| Dict = Dictionary                              | Pt = Part(s)                        |\n| disallowed = disallowed by Parliament          | r = regulation(s)/rule(s)           |\n| Div = Division(s)                              |                                     |\n| exp = expires/expired or ceases/ceased to have | reloc = relocated                   |\n| effect                                         | renum = renumbered                  |\n| F = Federal Register of Legislation            | rep = repealed                      |\n| gaz = gazette                                  | rs = repealed and substituted       |\n| LA = Legislation Act 2003                      | s = section(s)/subsection(s)        |\n| LIA = Legislative Instruments Act 2003         | Sch = Schedule(s)                   |\n| (md) = misdescribed amendment can be given     | Sdiv = Subdivision(s)               |\n| effect                                         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n|                                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                                                                               | Registration                | Commencement   | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------ | --------------------------- | -------------- | ----------------------------------------------- |\n| Higher Education (HELP Program Commonwealth Officers) Instrument 2017                                                                                              | 31 May 2017(F2017L00622)    | 1 June 2017    | -                                               |\n| Higher Education (HELP Program Commonwealth Officers) Amendment Instrument (No. 1) 2017                                                                            | 4 October 2017(F2017L01319) | 5 October 2017 | -                                               |\n| Higher Education (HELP Program Commonwealth Officers) Amendment (Specifying University of Canberra Officers as HELP Program Commonwealth Officers) Instrument 2022 | 30 March 2022(F2022L00419)  | 31 March 2022  |                                                 |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected          | How affected                                           |\n| --------------------------- | ------------------------------------------------------ |\n| Section 2Section 3Section 4 | rep LA s 48Dam F2017L01319rs F2017L01319am F2022L00419 |\n|                             |                                                        |\n|                             |                                                        |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Amendments expanded the specified class to include employees of the University of Canberra engaged by the Commonwealth to perform the functions in subsection 180-28(5) (see amendment registered 30 March 2022, commencing 31 March 2022). The instrument’s core effect—identifying which officers count as HELP program Commonwealth officers—remains, but the covered persons were broadened by that amendment."},"complexity_factors":["Narrow substantive effect: only specifies which officers are covered (low substantive complexity)","Cross-references to other statutes and Act provisions (HESA ss 179-15, 180-28(5),(7),(8) and Taxation Administration Act Schedule 1 Div 355)","Dependence on defined terms (e.g. ‘Commonwealth officer’, ‘taxation officer’, ‘HELP program Commonwealth officer’) rather than new definitions","Simple amendment history (adds University of Canberra employees) but requires checking compiled instrument history for full context","Technical form as a legislative instrument (formal citation, compilation notes) rather than policy text"],"plain_english_summary":"This instrument designates specific Commonwealth officers as “HELP program Commonwealth officers” under subsection 180-28(8) of the Higher Education Support Act 2003. It names the Australian Government Actuary and staff, departmental officers and taxation officers performing the functions in subsection 180-28(5), and University of Canberra employees engaged by the Commonwealth. Mechanically, the designation authorises those listed persons to carry out or be treated as HELP program officers for the purposes of paragraph 180-28(7)(c), changing who may lawfully perform the functions in subsection 180-28(5)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: specifying which Commonwealth officers may access HELP program personal information. The 2022 amendment added University of Canberra employees to the list, but this was a logical expansion within the existing framework rather than a scope creep. The instrument has not expanded beyond its core function of authorising data access for HELP administration."},"complexity_factors":["Very short instrument — only 4 sections with substantive content in section 4","Single operational provision (section 4) containing a straightforward list of 5 categories of officers","Only 1 defined term ('taxation officer') with a simple cross-reference to the Taxation Administration Act 1953","No conditional logic, exceptions, or nested provisions","Minimal cross-referencing — only references to the parent Act (Higher Education Support Act 2003) for context","Legislative history shows only 2 amendments since 2017, both adding specific officer categories rather than restructuring"],"plain_english_summary":"This instrument names which Commonwealth officers may access personal information collected under the Higher Education Loan Program (HELP). It authorises only specified people—Australian Government Actuary staff, departmental officers performing HELP administration, Australian Taxation Office officers involved in debt collection, and University of Canberra employees contracted for HELP work—to use that data.\n\nWhy it matters: it confines access to sensitive borrower financial information to a narrow, authorised group, protecting privacy and enabling lawful administration of HELP debts."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-help-program-commonwealth-officers-instrument-2017","history":"/api/acts/higher-education-help-program-commonwealth-officers-instrument-2017/history","analysis":"/api/acts/higher-education-help-program-commonwealth-officers-instrument-2017/analysis","conflicts":"/api/acts/higher-education-help-program-commonwealth-officers-instrument-2017/conflicts","importantCases":"/api/acts/higher-education-help-program-commonwealth-officers-instrument-2017/important-cases","documents":"/api/acts/higher-education-help-program-commonwealth-officers-instrument-2017/documents"}}