S 36-22 substituted by No 104 of 2011, s 3 and Sch 2 item 19, applicable in relation to units of study whose census dates are on or after 1 January 2012. For transitional provisions see note under s
3-10
. S 36-22 formerly read:
SECTION 36-22 Providers to repay amounts etc. for units wholly consisting of work experience in industry
-
special circumstances
36-22(1)
A higher education provider must, on the *Secretary's behalf, determine that this section applies to a person if:
(a)
the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and
(aa)
the unit would, if completed, form part of a *course of study undertaken with that provider or another higher education provider; and
(b)
the unit wholly consists of *work experience in industry; and
(c)
the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and
(d)
the provider with which the person is enrolled in the unit is satisfied that special circumstances apply to the person (see subsection (3)); and
(e)
the person applies in writing to that provider for either or both:
(i)
the repayment of any amounts that the person paid in relation to his or her *student contribution amount for the unit; or
(ii)
the remission of the person's *HECS-HELP debt in relation to the unit; and
(f)
either:
(i)
the application is made before the end of the application period under subsection (5) or (6); or
(ii)
the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
Note:
A HECS-HELP debt of a person to whom this section applies is remitted under subsection
137-5(5)
.
History
S 36-22(1) amended by No 72 of 2007, s 3 and Sch 8 item 3, by substituting
"
that provider or another higher education provider
"
for
"
the provider or, where the provider is a *Table A provider, with another Table A provider
"
in para (aa), effective 28 May 2007.
36-22(2)
The provider must:
(a)
pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her *student contribution amount for the unit; and
(b)
pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit.
36-22(2A)
Subsection (2) does not apply to the provider if the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *tuition assurance requirements.
36-22(2B)
The Higher Education Provider Guidelines may, in setting out the tuition assurance requirements, specify, in relation to circumstances to which subsection (2A) applies:
(a)
the amount (if any) that is to be paid to the person; and
(b)
the amount (if any) that is to be paid to the Commonwealth; and
(c)
the person (if any) who is to pay the amounts.
Special circumstances
36-22(3)
For the purposes of paragraph (1)(d), 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; 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.
Student Learning Entitlement Guidelines may specify circumstances
36-22(4)
If the Student Learning Entitlement Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph
79-5(1)(a), (b) or (c)
, any decision of a higher education provider under subsection (3) of this section must be in accordance with any such guidelines.
Note:
The matters referred to in paragraphs
79-5(1)(a), (b) and (c)
(which relate to the re-crediting of Student Learning Entitlement) are identical to the matters referred to in paragraphs (3)(a), (b) and (c) of this section.
Application period where enrolment withdrawn
36-22(5)
If:
(a)
the person applying under paragraph (1)(e) has withdrawn his or her enrolment in the unit; and
(b)
the higher education provider gives notice to the person that the withdrawal has taken effect;
the application period for the application is the period of 12 months after the day specified in the notice as the day the withdrawal takes effect.
Application period in other cases
36-22(6)
If subsection (5) does not apply, the application period for the application is the period of 12 months after the end of the period during which the person undertook, or was to undertake, the unit.
Dealing with applications
36-22(7)
If:
(a)
the application is made before the end of the application period under subsection (5) or (6); or
(b)
the higher education provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period;
the provider must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision on the application.
Statement of reasons
36-22(8)
The notice must include a statement of the reasons for the decision.
Note:
Refusals of applications are reviewable under Part
5-7
.
Secretary may act if provider is unable to
36-22(9)
If the provider is unable to act for one or more of the purposes of subsection (1), or subsection (3), (5) or (7), the *Secretary may act as if one or more of the references in those subsections to the provider were a reference to the Secretary.
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