Document ID: chunk:federal_register_of_legislation:F2023L00957:clause:1_10:p1
Version: federal_register_of_legislation:F2023L00957
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 1/2)
Character Range: 6466–9142

10  Period for which a person has been a location-preferred HELP debtor (teacher)
 (1) Subject to subsection (4), a person has been a location-preferred HELP debtor (teacher) for a period of 4 years, or periods within a continuous 6 year period that total 4 years, at a time in a year if the number of days that the person has been a location-preferred HELP debtor (teacher), and has been contracted to work as a teacher in the period of 6 continuous years ending immediately before that year, equals or exceeds 1400.
 (2) For subsection (1), and subject to subsection (3), the number of days that the person has been a location-preferred HELP debtor (teacher) is worked out having regard to the operation of Division 2.
              Note:  The Secretary does not need to have made any determinations under subsections 142-10(2) of the Act in relation to the person.
 (3) Where the number of days in a period that a person has been a location-preferred HELP debtor (teacher) has been worked out under section 7, and the person was engaged to work as a teacher on a part-time basis for that period then, for subsection (1), the number of days in that period that the person was a location-preferred HELP debtor (teacher) is equal to the number of days in the period worked out under section 7 multiplied by the proportion of full-time work that the person was engaged to work, rounded up to the nearest whole number.
 (4) A person may be taken to be a location-preferred HELP debtor (teacher) for the purposes of subsection (1), notwithstanding that the actual number of days that the person has been a location-preferred HELP debtor (teacher) is less than 1400, if the Secretary's delegate considers that exceptional circumstances apply to that person that prevented the person teaching for 1400 days.
 (5) Without limiting the exceptional circumstances that the delegate may consider apply to a person under subsection (4), these circumstances could include circumstances where the person:
 (a) has completed a minimum of 800 days of teacher duty over a period of 6 years but has not been contracted for 1400 days due to periods of part time work, or employment gaps during school holiday periods;
 (b) incurs an injury that prevents the person from teaching;
 (c) experiences a recurrence of chronic illness that prevents the person from teaching;
 (d) receives treatment in a rehabilitation program that prevents the person from teaching;
 (e) experiences the death, serious illness or serious injury of a member of their immediate family and is affected such that the person is unable to teach;
 (f) is the victim of a crime and is affected such that the person is unable