Higher Education Support Act 2003

Chapter 3 - Assistance to students

PART 3-1 - STUDENT LEARNING ENTITLEMENT

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Division 79 - Re-crediting a person ' s SLE amount

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Subdivision 79-A - Re-crediting a person ' s SLE amount in special circumstances

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SECTION 79-5 Special circumstances

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79-5(1)

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For the purposes of paragraph 79-1(1)(f) , special circumstances apply to a person who made an application under paragraph 79-1(1)(g) for the re-crediting of the person ' s *SLE amount 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 of study in question; and

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

79-5(2)
The Student Learning Entitlement 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 subsection (1) must be in accordance with any such guidelines.

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History

S 79-5 inserted by No 93 of 2020, s 3 and Sch 4B item 6, applicable in relation to a unit of study that has a census date that is on or after 1 January 2022 (whether the unit of study is part of a course of study commenced before, on or after that day).

Former s 79-5 repealed by No 104 of 2011, s 3 and Sch 2 item 14, applicable in relation to units of study whose census dates are on or after 1 January 2012.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 79-5 formerly read:

SECTION 79-5 Special circumstances
79-5(1)
For the purposes of paragraph 79-1(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 unit of study in question; 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.

79-5(2)
The Student Learning Entitlement 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:

Guidelines made for the purposes of this subsection also have effect for the purposes of subsection 36-22(4) (repayments etc. for work experience units) and subsection 104-30(2) (re-crediting a person's FEE-HELP balance).

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