Document ID: chunk:federal_register_of_legislation:F2019L01601:reg:43:p1
Version: federal_register_of_legislation:F2019L01601
Segment Type: reg
Provision Reference: reg 43 (pt 1/2)
Character Range: 59863–62851

43      Transitional modifications on student application

(1)    In this section:
cut-off means:

(a)    in relation to a student who was enrolled in an undergraduate or postgraduate coursework award program (including a medical program) at the commencement of this instrument—31 March 2020; and

(b)    in relation to a student who was not enrolled in an undergraduate or postgraduate coursework award program (including a medical program) at the commencement of this instrument—not later than 6 weeks after the day (if any) that the student next becomes enrolled in an undergraduate or postgraduate coursework award program after the commencement.
previous instrument means the Academic Progress Rule 2015, the Academic Progress (ANU Medical School) Order 2015, the Academic Progress Rules 2014, the ANU Medical School Academic Progress Order 2014, or any earlier rule or order applying in relation to academic progress.

(2)    This section applies to a student if:

(a)    the student was enrolled in an undergraduate or postgraduate coursework award program (including a medical program) that commenced before the commencement of this instrument, including a program that had ended before the commencement; and

(b)    a provision of this instrument (the current provision) applies, or may apply, to the student; and

(c)    one of the following provisions applies to the student:

(i)    a previous instrument (or previous instruments) applied to the student and the previous instrument (or the most recent previous instrument that applied to the student) included a provision corresponding to the current provision, but the current provision is different to the corresponding provision;

(ii)    a previous instrument (or previous instruments) applied to the student, but the previous instrument (or the most recent of the previous instruments that applied to the student) did not include a provision corresponding to the current provision;

(iii)    none of the previous instruments applied to the student; and

(d)    the student considers that the application of the current provision to the student is, or would be, unfair or unreasonable.

(3)    The student may, by written notice given to the Delegated Authority before the cut-off applying to the student, apply for a modification of this instrument in relation to the application of the current provision to the student.

(4)    The Delegated Authority must:

(a)    decide the application; and

(b)    by written notice given to the student, tell the student the decision made on the application.

(5)    The Delegated Authority may grant the modification sought if satisfied that the application of the current provision to the student is unfair or unreasonable.

(6)    If the Delegated Authority refuses to grant the modification sought, the notice must include, or be accompanied by, a statement of reasons for the decision.

(7)    If the Delegated Authority refuses to grant the modification sought (the reviewable