Higher Education Support Act 2003

Chapter 2 - Grants for higher education assistance etc  

PART 2-2 - COMMONWEALTH GRANT SCHEME  

Division 36 - What are the conditions of receiving a grant?  

Subdivision 36-B - Conditions relating to Commonwealth supported students  

SECTION 36-13   Advice on whether a person is a Commonwealth supported student - failure to complete previous units  

36-13(1)  
A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:

(a)  in a case where the unit of study is part of a *course of study leading to a *higher education award that is a bachelor degree or higher qualification:

(i) the student has already undertaken 8 or more other units of study with that provider as part of that course of study; and

(ii) the student did not successfully complete at least 50% of those other units; or

(b)  in any other case:

(i) the student has already undertaken 4 or more other units of study with that provider as part of a course of study; and

(ii) the student did not successfully complete at least 50% of those other units.

36-13(2)  
In determining, for the purposes of subparagraphs (1)(a)(ii) and (b)(ii) , the number of units the student did not successfully complete, disregard any units:

(a)  not completed by the student; and

(b)  in respect of which the provider is satisfied that special circumstances apply in relation to the student (see subsection (3) ).

36-13(3)  
For the purposes of paragraph (2)(b) , special circumstances apply in relation to the student in respect of a unit of study if, and only if, the higher education provider is satisfied that circumstances apply in relation to the student that:

(a)  are beyond the student ' s control; and

(b)  do not make their full impact on the student until on or after the *census date for the unit of study; and

(c)  make it impracticable for the student to complete the requirements for the unit during the period during which the student undertook, or was to undertake, the unit.

36-13(4)  
The Administration Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (3)(a) or (b) .

36-13(5)  
A higher education provider will be satisfied of the matter referred to in paragraph (3)(c) in relation to a unit of study if the provider is satisfied that any of the following circumstances apply in relation to a student:

(a)  the student ' s medical condition changed or worsened to such an extent that the student was unable to complete the requirements for the unit;

(b)  a member of the student ' s family died and it is unreasonable to expect the student to have completed the requirements for the unit;

(c)  a member of the student ' s family had a serious medical condition and it is unreasonable to expect the student to have completed the requirements for the unit;

(d)  financial difficulties experienced by the student, or a member of the student ' s family, are such that it is unreasonable to expect the student to have completed the requirements for the unit;

(e)  the student ' s employment status or arrangements changed such that the student was unable to complete the requirements for the unit;

(f)  changes made in relation to the unit by the provider, or another higher education provider, disadvantaged the student;

(g)  it is unreasonable to expect the student to have completed the requirements for the unit because of a natural disaster, or other emergency, that occurred in Australia;

(h)  any other circumstances that the provider considers relevant;

(i)  any other circumstances specified in the Administration Guidelines for the purposes of this paragraph.

36-13(6)  
Without limiting paragraph (5)(i) , the Administration Guidelines may specify circumstances relating to a matter mentioned in subsection (5) .

36-13(7)  
If the Administration Guidelines specify circumstances for the purposes of subsection (4) or paragraph (5)(i) , a decision of a higher education provider under this section must be in accordance with those guidelines.

36-13(8)  
If a higher education provider is unable to act for the purposes of this section (other than subsection (1) ), the *Secretary may act as if one or more references in this section (other than subsection (1) ) to a higher education provider were a reference to the Secretary.