Bow and Secretary, Department of Education

This matter concerned an application by Ms Danielle Bow (the Applicant) to the Administrative Appeals Tribunal for review of a decision by the Secretary, Department of Education (the Respondent). The Applicant sought to have her FEE-HELP debt re-credited, arguing that special circumstances existed at the time she incurred the debt. The Tribunal was required to determine whether these alleged special circumstances were sufficient to warrant the re-crediting of the debt.

The Tribunal considered evidence that the Applicant experienced significant personal difficulties in 2010, including a marriage breakdown, divorce, becoming the sole carer of her children, and mental health issues stemming from these stressors. The Applicant submitted that she became aware of her FEE-HELP debt in 2017 when it triggered a compulsory repayment through the tax system. She also provided evidence that she had contacted her higher education provider in April 2010, indicating she was experiencing personal and family difficulties and was advised to defer her studies and apply for special circumstances.

Despite acknowledging the Applicant's personal difficulties, the Tribunal was not satisfied that these constituted "special circumstances" as required by section 104-25(1)(c) of the relevant Act. The Tribunal found that the Applicant had not demonstrated that the circumstances prevented her from applying for special circumstances at the time the debt was incurred, particularly given her contact with the provider in April 2010. Consequently, the Tribunal affirmed the decision under review.