Document ID: chunk:federal_register_of_legislation:C2020A00093:clause:4_40:p1
Version: federal_register_of_legislation:C2020A00093
Segment Type: clause
Provision Reference: sch 4 cl 40 (pt 1/2)
Character Range: 64665–67293

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