Higher Education Support Act 2003
For the purposes of paragraph 36-20(1)(d) , special circumstances apply to the person if and only if the higher education provider is satisfied that circumstances apply to the person that:
(a) are beyond the person ' s control; and
(b) do not make their full impact on the person until on or after the *census date for the unit of study; and
(c) make it impracticable for the person to complete the requirements for the unit during the period during which the person undertook, or was to undertake, the unit. 36-21(2)
The Administration Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (1)(a), (b) or (c). A decision of a higher education provider under this section must be in accordance with any such guidelines.
Guidelines made for the purposes of this subsection also have effect for the purposes of subsection 104-30(2) (re-crediting a person ' s FEE-HELP balance).
[ CCH Note: S 36-21(2) will be amended by No 76 of 2018, s 3 and Sch 3 item 1, by substituting " subsections 97-30(2) and 104-30(2) (re-crediting a person ' s HELP balance) " for " subsection 104-30(2) (re-crediting a person ' s FEE-HELP balance) " in the note, effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.]
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