Document ID: chunk:federal_register_of_legislation:C2019C00328:clause:3_6:p2
Version: federal_register_of_legislation:C2019C00328
Segment Type: clause
Provision Reference: sch 3 cl 6 (pt 2/3)
Character Range: 25706–28429

has been enrolled in the unit with the provider; and
 (b) subsection 193‑5(1) applies to the person in relation to the unit.
 (2) The *Secretary may re‑credit the person's *HELP balance under subsection (1) if the provider is unable to do so.

97‑30  Special circumstances
 (1) For the purposes of paragraph 97‑25(2)(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 in the period during which the person undertook, or was to undertake, the unit.
 (2) If the Administration Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 36‑21(1)(a), (b) or (c), any decision of a higher education provider under this section must be in accordance with any such guidelines.
Note: The matters referred to in paragraphs 36‑21(1)(a), (b) and (c) (which relate to special circumstances that apply to repaying an amount of student contribution or HECS‑HELP) are identical to the matters referred to in paragraphs (1)(a), (b) and (c) of this section.

97‑35  Application period
 (1) If:
 (a) the person applying under paragraph 97‑25(2)(d) for the re‑crediting of the person's *HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit; and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 period during which the person undertook, or was to undertake, the unit.

97‑40  Dealing with applications
 (1) If:
 (a) the application is made under paragraph 97‑25(2)(d) before the end of the relevant application period; 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.
Note: Refusals of applications are reviewable under Part