Commonwealth Consolidated Acts

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HIGHER EDUCATION SUPPORT ACT 2003 - SECT 104.30

Special circumstances

  (1)   For the purposes of paragraph   104 - 25(1)(c), special circumstances apply to the person if and only if the higher education provider receiving the application 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 in question; and

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

  (2)   If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph   36 - 21(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.

Note:   The matters referred to in paragraphs 36 - 21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECS - HELP) are identical to the matters referred to in paragraphs   (1)(a), (b) and (c) of this section.

  (3)   For the purposes of paragraph   104 - 25(2)(c), special circumstances apply to the person if and only if * Open Universities Australia 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 in question; and

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


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