Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_4:p16
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 16/67)
Character Range: 324348–327024

(3) For the purposes of paragraph 104‑25(2)(c), special circumstances apply to the person if and only if *Open Universities Australia 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.

104‑35  Application period
 (1) If:
 (a) the person applying under 104‑25(1)(d) for the re‑crediting of the person's *HELP balance in relation to a unit of study has withdrawn his or her enrolment in the unit; and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.
 (1A) If:
 (a) the person applying under paragraph 104‑25(2)(d) for the re‑crediting of the person's *HELP balance in relation to a unit of study has withdrawn from the unit; and
 (b) *Open Universities Australia 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 subsections (1) and (1A) do 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.

104‑40  Dealing with applications
 (1) If:
 (a) the application is made under paragraph 104‑25(1)(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.
 (1A) If:
 (a) the application is made under paragraph 104‑25(2)(d) before the end of the relevant application period; or
 (b) *Open Universities Australia 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;
Open Universities Australia must, as soon as practicable, consider the matter to which the application relates and notify the applicant of the decision of the