Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p9
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 9/19)
Character Range: 186342–189071

in writing, the determination is not a legislative instrument.

36‑21  Special circumstances
 (1) For the purposes of paragraph 36‑20(1)(d), special circumstances apply to the person if and only if the higher education provider 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; 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.
 (2) The Administration 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 subsections 97‑30(2) and 104‑30(2) (re‑crediting a person's HELP balance).

36‑22  Application period
 (1) For the purposes of subparagraph 36‑20(1)(f)(i), if:
 (a) the person has withdrawn his or her enrolment in the unit of study; and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.
 (2) If subsection (1) 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.

36‑23  Dealing with applications
 (1) If:
 (a) the application under paragraph 36‑20(1)(e) is made before the end of the application period under section 36‑22; 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.
 (2) The notice must include a statement of the reasons for the decision.

36‑24A  Providers to repay amounts—provider defaults
 (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
 (b) the unit would, if completed, form part of a *course of study undertaken with the provider; and
 (c) the person has not completed the