Scott Ryan (President) Share this | Hansard source

The question now is that item 16 of schedule 5 stand as printed.

The government opposed schedule 5 in the following terms—

(7) Schedule 5, item 16, page 49 (lines 13 to 17), to be opposed

Question agreed to.

The question now is that the amendments on sheet RV133, circulated earlier by the government, be agreed to.

Government ' s circulated amendments—

(1) Schedule 4, page 44 (before line 19), before item 40, insert:

39A Subparagraph 19 - 45(1)(c)(i)

Repeal the subparagraph, substitute:

(i) under subsection 36-12(2), paragraph 36-13(2)(b) or subsection 36-20(1); or

39B Paragraph 19 - 45(4)(a)

Repeal the paragraph, substitute:

(a) under subsection 36 12(2), paragraph 36 13(2)(b) or subsection 36-20(1); or

39C Paragraph 19 - 50(1)(a)

Repeal the paragraph, substitute:

(a) under subsection 36-12(2), paragraph 36-13(2)(b) or subsection 36-20(1); or

39D Paragraph 19 - 50(2)(c)

Repeal the paragraph, substitute:

(c) under subsection 36-12(2), paragraph 36-13(2)(b) or subsection 36-20(1)); or

39E Subsection 19 - 60(1)

Omit "subsection 36-12(2) or 36-20(1)", insert "subsection 36-12(2), paragraph 36-13(2)(b), subsection 36-20(1) or".

(2) Schedule 4, item 40, page 45 (lines 16 to 18), omit paragraph 36-13(2)(b), substitute:

(b) in respect of which the provider is satisfied that special circumstances apply in relation to the student (see subsection (3)).

(3) Schedule 4, item 40, page 45 (after line 18), at the end of section 36 13, add:

(3) For the purposes of paragraph (2)(b), special circumstances apply in relation to the student in respect of a unit of study if, and only if, the higher education provider is satisfied that circumstances apply in relation to the student that:

(a) are beyond the student's control; and

(b) do not make their full impact on the student until on or after the *census date for the unit of study; and

(c) make it impracticable for the student to complete the requirements for the unit during the period during which the student undertook, or was to undertake, the unit.

(4) The Administration Guidelines may specify circumstances in which a higher education provider will be satisfied of a matter referred to in paragraph (3)(a) or (b).

(5) A higher education provider will be satisfied of the matter referred to in paragraph (3)(c) in relation to a unit of study if the provider is satisfied that any of the following circumstances apply in relation to a student:

(a) the student's medical condition changed or worsened to such an extent that the student was unable to complete the requirements for the unit;

(b) a member of the student's family died and it is unreasonable to expect the student to have completed the requirements for the unit;

(c) a member of the student's family had a serious medical condition and it is unreasonable to expect the student to have completed the requirements for the unit;

(d) financial difficulties experienced by the student, or a member of the student's family, are such that it is unreasonable to expect the student to have completed the requirements for the unit;

(e) the student's employment status or arrangements changed such that the student was unable to complete the requirements for the unit;

(f) changes made in relation to the unit by the provider, or another higher education provider, disadvantaged the student;

(g) it is unreasonable to expect the student to have completed the requirements for the unit because of a natural disaster, or other emergency, that occurred in Australia;

(h) any other circumstances that the provider considers relevant;

(i) any other circumstances specified in the Administration Guidelines for the purposes of this paragraph.

(6) Without limiting paragraph (5)(i), the Administration Guidelines may specify circumstances relating to a matter mentioned in subsection (5).

(7) If the Administration Guidelines specify circumstances for the purposes of subsection (4) or paragraph (5)(i), a decision of a higher education provider under this section must be in accordance with those guidelines.

(8) If a higher education provider is unable to act for the purposes of this section (other than subsection (1)), the *Secretary may act as if one or more references in this section (other than subsection (1)) to a higher education provider were a reference to the Secretary.

(4) Schedule 4, Division 1 of Part 2, page 45 (before line 19), at the end of the Division, add:

40A Section 206 - 1 (before item 1A)

Insert:

40B Subsection 209 - 1(2) (note 1)

Omit "subsection 36 12(2) or 36 20(1)", insert "subsection 36 12(2), paragraph 36 13(2)(b), subsection 36 20(1)".

40C Paragraph 238 - 1(2)(a)

Repeal the paragraph, substitute:

(a) under subsection 36 12(2), paragraph 36 13(2)(b) or subsection 36 20(1); or

40D Subsection 238 - 10(1) (table item 1)

Before "section 36 21;", insert "section 36 13;".

Question agreed to.

The question now is that the remaining stages of this bill be agreed to, subject to a request.