New South Wales Consolidated Acts

EDUCATION ACT 1990 - SECT 96

96 Certificate candidates affected by illness etc

(1) If the Authority is satisfied that a candidate for one of the recognised certificates was unable, because of illness or misadventure, to undertake an examination or other form of assessment for that certificate, the Authority may determine that the candidate is to be treated, for the purposes of this Act, as--

(a) having undertaken the examination or other form of assessment, and

(b) having attained in the examination or other form of assessment a standard determined by the Authority.

(2) The Authority may--

(a) on evidence put before it, conclude that a candidate for one of the recognised certificates at an examination or other form of assessment for that certificate was seriously affected by illness or misadventure, and

(b) determine that the candidate is to be treated, for the purposes of this Act, as having attained in the examination or other form of assessment a standard determined by the Authority.

(3) In determining a standard for the purposes of this section, the Authority is to have regard to such evidence as is available to the Authority relating to the candidate's participation in the course of study to which the examination or other form of assessment related.

(4) The Authority is not obliged to make a determination under this section except on application--

(a) made to it within the period prescribed by the rules of the Authority, and

(b) supported by evidence acceptable to the Authority.