39Education institution must re‑enrol member etc.

#### 39 Education institution must re‑enrol member etc. (1A) This section applies in relation to a member who: (a) is enrolled in a course at an Australian education institution during all or part of the period he or she is rendering defence service; and (b) does not complete the course before ceasing to render the service; and (c) applies to re‑enrol (if necessary) and to resume the course within 30 days after ceasing to render the service. (1) The body administering the Australian education institution must not exclude the member from the course, or subject the member to any other disadvantage, because he or she did not complete a requirement of the course or any assessment for the course: (a) while rendering the defence service; or (b) otherwise because of having rendered the defence service. (2) The body administering the Australian education institution must: (a) allow the member to re‑enrol (if necessary) in the course; and (b) allow the member to resume the course at a point that the body considers appropriate; and (c) ensure that the conditions (if any) on the re‑enrolment and resumption are the same as those that would have applied to a person who is not a member. (3) Subsection (2) does not apply if, because of a change in the nature of courses offered by the institution since the member was previously enrolled: (a) it was not reasonable or practicable to allow the member to re‑enrol or resume the course in which he or she was previously enrolled; and (b) the body administering the institution offered to enrol the member in another course that most closely corresponded to the course in which he or she was previously enrolled; and (c) the conditions on the re‑enrolment and resumption were the most favourable that it was reasonable or practicable to offer the member. (4) This section does not limit section 38.