Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1061ph
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1061PH
Character Range: 1311099–1313072

1061PH  Progress rules—secondary students

General rule
 (1) Subject to subsection (2), a person enrolled in, or intending to enrol in, a secondary course satisfies the progress rules for the purposes of paragraph 1061PB(1)(d) if, in the Secretary's opinion, the person is making satisfactory progress towards completing the course.

Students repeating year 12
 (2) A person does not satisfy the progress rules if:
 (a) the person is enrolled in a secondary course that is at year 12 level, or the overall level of which is at year 12 level (see subsections (3) and (4)); and
 (b) the person has been a full‑time student in respect of a course at that level (a previous course) in each of 2 previous years; and
 (c) none of the following circumstances apply:
 (i) the person failed a previous course because of an illness that had not been diagnosed when the person began that course;
 (ii) the person failed a previous course because of other circumstances beyond the person's control that were not apparent when the person began that course;
 (iii) the person failed a previous course because English is not the person's native language;
 (iv) the person completed or discontinued a previous course within 6 months after the relevant academic year started;
 (v) each of the previous courses was undertaken more than 10 years before the present study.

Course at year 12 level
 (3) A secondary course is at year 12 level if the institution in which the course is undertaken regards it as being at year 12 level.

Overall level of course at year 12 level
 (4) The overall level of a secondary course is at year 12 level if the institution in which the course is undertaken regards at least 50% of the course as being at year 12 level.

Meaning of secondary course
 (5) For the purposes of this section, a course is a secondary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act.