38Obligations of body administering education institution

#### 38 Obligations of body administering education institution (1) This section applies in relation to a member who is enrolled in a course at an Australian education institution before starting to render defence service. (2) The body administering the education institution must make reasonable adjustments to accommodate the member’s defence service. (3) Without limiting subsection (2), the adjustments required by that subsection could involve any of the following: (a) not failing the member; (b) recognising assessment or practical work undertaken by the member before starting to render defence service; (c) allowing the member to defer undertaking or completing assessment or practical work; (d) refunding or crediting fees paid by or for the member. (4) An adjustment is a reasonable adjustment unless making the adjustment would impose an unjustifiable hardship on the body administering the education institution. (5) In determining whether a hardship that would be imposed on the body administering the education institution would be an unjustifiable hardship, all relevant circumstances of the particular case must be taken into account, including the following: (a) the nature of the benefit or detriment likely to accrue to, or to be suffered by, any person concerned; (b) the financial circumstances of, and the estimated amount of expenditure required to be made by, the body; (c) the availability of financial and other assistance to the body. (6) The burden of proving that something would impose unjustifiable hardship lies on the person claiming unjustifiable hardship.