Higher Education Support Act 2003

Ch 2 (heading) substituted by No 119 of 2007, s 3 and Sch 8 item 3, applicable in relation to payments under Part 2-4 of the Higher Education Support Act 2003 in respect of the year 2008 or a later year. The heading formerly read:

Chapter 2 - Grants for higher education assistance

S 36-13 repealed by No 89 of 2023, s 3 and Sch 1 item 10, effective 1 January 2024. S 36-13 formerly read:

SECTION 36-13 Advice on whether a person is a Commonwealth supported student - failure to complete previous units  
36-13(1)
A higher education provider must not advise a person that the person is a *Commonwealth supported student in relation to a unit of study if:
(a) in a case where the unit of study is part of a *course of study leading to a *higher education award that is a bachelor degree or higher qualification:

(i) the student has already undertaken 8 or more other units of study with that provider as part of that course of study; and

(ii) the student did not successfully complete at least 50% of those other units; or

(b) in any other case:

(i) the student has already undertaken 4 or more other units of study with that provider as part of a course of study; and

(ii) the student did not successfully complete at least 50% of those other units.

36-13(2)
In determining, for the purposes of subparagraphs (1)(a)(ii) and (b)(ii), the number of units the student did not successfully complete, disregard any units:
(a) not completed by the student; and
(b) in respect of which the provider is satisfied that special circumstances apply in relation to the student (see subsection (3)).

36-13(3)
For the purposes of paragraph (2)(b), special circumstances apply in relation to the student in respect of a unit of study if, and only if, the higher education provider is satisfied that circumstances apply in relation to the student that:
(a) are beyond the student ' s control; and
(b) do not make their full impact on the student until on or after the *census date for the unit of study; and
(c) make it impracticable for the student to complete the requirements for the unit during the period during which the student undertook, or was to undertake, the unit.

36-13(4)
The Administration Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (3)(a) or (b).

36-13(5)
A higher education provider will be satisfied of the matter referred to in paragraph (3)(c) in relation to a unit of study if the provider is satisfied that any of the following circumstances apply in relation to a student:
(a) the student ' s medical condition changed or worsened to such an extent that the student was unable to complete the requirements for the unit;
(b) a member of the student ' s family died and it is unreasonable to expect the student to have completed the requirements for the unit;
(c) a member of the student ' s family had a serious medical condition and it is unreasonable to expect the student to have completed the requirements for the unit;
(d) financial difficulties experienced by the student, or a member of the student ' s family, are such that it is unreasonable to expect the student to have completed the requirements for the unit;
(e) the student ' s employment status or arrangements changed such that the student was unable to complete the requirements for the unit;
(f) changes made in relation to the unit by the provider, or another higher education provider, disadvantaged the student;
(g) it is unreasonable to expect the student to have completed the requirements for the unit because of a natural disaster, or other emergency, that occurred in Australia;
(h) any other circumstances that the provider considers relevant;
(i) any other circumstances specified in the Administration Guidelines for the purposes of this paragraph.

36-13(6)
Without limiting paragraph (5)(i), the Administration Guidelines may specify circumstances relating to a matter mentioned in subsection (5).

36-13(7)
If the Administration Guidelines specify circumstances for the purposes of subsection (4) or paragraph (5)(i), a decision of a higher education provider under this section must be in accordance with those guidelines.

36-13(8)
If a higher education provider is unable to act for the purposes of this section (other than subsection (1)), the *Secretary may act as if one or more references in this section (other than subsection (1)) to a higher education provider were a reference to the Secretary.

S 36-13 inserted by No 93 of 2020, s 3 and Sch 4 item 40, effective 1 January 2022 and applicable in relation to a unit of study if: (a) the unit of study is undertaken as part of a course of study; and (b) the student enrolled in the course of study on or after 1 January 2022; and (c) the unit of study has a census date that occurs on or after that day; and (d) the unit is provided by a higher education provider taken to be approved under section 16-5 of the Act, whether taken to be approved before, on or after that day.