Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-7 - STARTUP HELP ASSISTANCE  

Division 128E - Reversal of STARTUP HELP assistance  

Subdivision 128E-A - Reversal in special circumstances  

SECTION 128E-5   Special circumstances  

128E-5(1)    
For the purposes of paragraph 128E-1(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 *accelerator program course; and

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

128E-5(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 a student contribution amount or an amount of HECS-HELP assistance) are identical to the matters referred to in paragraphs (1)(a) , (b) and (c) of this section.