Aul and Secretary, Department of Education

The applicant, Aul, sought to have her VET FEE-HELP balance re-credited by the Secretary of the Department of Education. The dispute concerned whether the applicant's circumstances qualified as "special circumstances" under the relevant legislation, which would permit the re-crediting of her VET FEE-HELP balance. The matter was heard by Chris Puplick AM, Senior Member.

The primary legal issues before the Tribunal were whether the applicant's circumstances were beyond her control, whether these circumstances had their full impact on or after the census date for the relevant unit of study, and whether it was impracticable for the applicant to complete the requirements for the unit within the relevant period. These questions were central to determining if the applicant met the criteria for "special circumstances" as defined by the legislation.

The Tribunal found that the applicant did not satisfy all the requirements of clause 48 of Schedule 1A to the Act. Consequently, she could not satisfy the requirements of subclause 46(2) of Schedule 1A, which meant she could not compel the Respondent to re-credit her VET FEE-HELP balance. The Senior Member affirmed the decision under review.