Commonwealth Numbered Acts

HIGHER EDUCATION LEGISLATION AMENDMENT ACT 2004 NO. 45, 2004 - SCHEDULE 2

Higher Education Support Act 2003

1 After section 36-20

Insert:

(1)

This section applies to a person if:

(a) the person has been enrolled in a unit of study as part of a ^* course of study with a higher education provider as a ^* Commonwealth supported student; and
(b) the unit wholly consists of ^* work experience in industry; and
(c) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and
(d) the provider is satisfied that special circumstances apply to the person (see subsection (3)); and
(e) the person applies in writing to the provider for either or both:
(i) the repayment of any amounts that the person paid in relation to his or her ^* student contribution amount for the unit; or
(ii) the remission of the person's ^* HECS-HELP debt in relation to the unit; and
(f) either:
(i) the application is made before the end of the application period under subsection (5) or (6); or
(ii) the 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.

Note: A HECS-HELP debt of a person to whom this section applies is remitted under subsection 137-5(5).

(2)

The provider must:

(a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her ^* student contribution amount for the unit; and
(b) pay to the Commonwealth an amount equal to any ^* HECS-HELP assistance to which the person was entitled for the unit.

Special circumstances

(3)

For the purposes of paragraph (1)(d), 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; and
(c) make it impracticable for the person to complete the requirements for the unit during the period during which the person undertook, or was to undertake, the unit.

Student Learning Entitlement Guidelines may specify circumstances

(4)

If the Student Learning Entitlement Guidelines specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph 79-5(1)(a), (b) or (c), any decision of a higher education provider under subsection (3) of this section must be in accordance with any such guidelines.

Note: The matters referred to in paragraphs 79-5(1)(a), (b) and

(c)

(which relate to the re-crediting of Student Learning Entitlement) are identical to the matters referred to in paragraphs (3)(a), (b) and (c) of this section.

Application period where enrolment withdrawn

(5)

If:

(a) the person applying under paragraph (1)(e) 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.

Application period in other cases

(6)

If subsection (5) does not apply, the application period for the application is the period of 12 months after the end of the period during which the person undertook, or was to undertake, the unit.

Dealing with applications

(7)

If:

(a) the application is made before the end of the application period under subsection (5) or (6); 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.

Statement of reasons

(8)

The notice must include a statement of the reasons for the decision.

Note: Refusals of applications are reviewable under Part 5-7.

2 Subsection 79-5(2) (note)

After "have effect for the purposes of", insert "subsection 36-22(4) (repayments etc. for work experience units) and".

3 At the end of section 137-5

Add:

(5)

A person's ^* HECS-HELP debt, in relation to a unit of study that wholly consists of ^* work experience in industry, is taken to be remitted if section 36-22 applies to the person.

4 Section 206-1 (before table item 1)

Insert: