Chow and Secretary, Department of Education and Training

This matter concerned an application by Mr Chow for the repayment of student contribution amounts paid upfront for a unit of study, or alternatively, the remission of his HECS-HELP debt, pursuant to section 36-20 of the Act. The Secretary, Department of Education and Training, was the respondent. The Administrative Appeals Tribunal, constituted by K Millar M, was required to review the decision of the Department.

The primary legal issues before the Tribunal were whether the application for repayment or remission was made within the required time under section 36-20(f) of the Act, and whether "special circumstances" applied to Mr Chow as required by section 36-20(d) of the Act. Section 36-22 of the Act outlines the application period, which is generally 12 months after the end of the period during which the unit was undertaken, or 12 months after the withdrawal from a unit takes effect if notice is given. Section 36-21 defines special circumstances, which must be beyond the person's control.

The Tribunal found that Mr Chow's situation, arising from his inaction in discussing a project with a supervisor, did not constitute circumstances beyond his control as contemplated by the Administrative Guidelines. Consequently, the situation did not meet the definition of special circumstances under section 36-21(1)(a) of the Act. As special circumstances were a prerequisite for repayment or remission under section 36-20(1)(d), the University was not obliged to repay Mr Chow's student contribution amount.

The Tribunal affirmed the decision under review.