Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020 (93 of 2020)

Schedule 4   Student protection

Part 2   Amendments commencing 1 January 2022

Division 1   Amendments

Higher Education Support Act 2003

40   After section 36-12

Insert:

36-13 Advice on whether a person is a Commonwealth supported student - failure to complete previous units

(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.

(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)).

(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.

(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).

(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.

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

(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.

(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.