Beard and Secretary, Department of Education

This matter concerned an application by Ms Lauren Beard to the Administrative Appeals Tribunal for review of a decision by RMIT University. RMIT University had refused Ms Beard's application for re-credit of a FEE-HELP debt in special circumstances for a unit of study. Ms Beard sought review of RMIT's subsequent decision of 2 March 2023, which confirmed the original decision to deny her application. The core of the dispute revolved around the timeliness of Ms Beard's request for an internal review of the initial decision.

The Tribunal was required to determine whether it had jurisdiction to review RMIT University's decision. Specifically, the Tribunal had to consider whether RMIT's decision to refuse to extend the time for lodging a review request constituted a reviewable decision under the *Higher Education Support Act 2003* (Cth) (the Act), or whether it amounted to a confirmation, variation, or setting aside of the original decision. The central legal issue was whether a decision to refuse a late request for internal review, where the reviewer did not exercise their discretion to allow a longer period, triggered the Tribunal's jurisdiction.

The Tribunal reasoned that section 209-10 of the Act mandates that a request for reconsideration of a reviewable decision must be made within 28 days, or a longer period as the reviewer allows. It found that RMIT University's decision of 2 March 2023 was not a decision to confirm, vary, or set aside the original decision to deny the FEE-HELP re-credit. Instead, it was a decision to refuse a late request for review under section 209-10(2) of the Act, as the 28-day time limit had not been extended. The Tribunal held that such a refusal to extend time is not a reviewable decision under section 206-1 of the Act, nor does it constitute a confirmation of the original decision for the purposes of section 212-1. Consequently, the Tribunal concluded it lacked jurisdiction to review RMIT's decision.

The application for review was dismissed.