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 36-21   Special circumstances  

36-21(1)    
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.

Note 1:

Guidelines made for the purposes of this subsection also have effect for the purposes of subsections 97-30(2) and 104-30(2) (re-crediting a person ' s HELP balance).