Bell and Secretary, Department of Education

This matter concerned an application by Mr Slade Bell to the Administrative Appeals Tribunal (AAT) for review of a decision by the Secretary, Department of Education. Mr Bell sought the re-crediting of his HELP balance, effectively seeking remission of a FEE-HELP debt, on the basis of alleged special circumstances.

The AAT was required to determine whether Mr Bell's circumstances met the legislative criteria for re-crediting a HELP balance under the *Higher Education Support Act 2003* (Cth). Specifically, the Tribunal had to consider whether Mr Bell's circumstances were beyond his control, whether their full impact occurred on or after the census date, and whether they made it impracticable for him to complete the requirements for the relevant unit of study.

The Tribunal found that Mr Bell had not satisfied any of the relevant limbs of the legislative test for re-crediting a HELP balance. Consequently, the Tribunal concluded that special circumstances, as defined by the Act, did not apply to Mr Bell. The Tribunal affirmed the decision of the respondent.