Crisp and Secretary, Department of Education and Training

This matter concerned an application by Mr Crisp for remission of his VET FEE-HELP debt, which arose from his enrolment in an Advanced Diploma of Aviation. The Secretary of the Department of Education and Training had refused this application. The decision under review was made by Deputy President Britten-Jones of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr Crisp's circumstances constituted "special circumstances" under the relevant legislation, specifically whether these circumstances were beyond his control and made it impracticable for him to complete the course requirements within the designated timeframe. This involved interpreting the meaning of "beyond control" and "impracticable to complete" in the context of the VET FEE-HELP Assistance Scheme and the specific requirements of the Advanced Diploma of Aviation.

The Tribunal found that the deterioration in the quality of course delivery and management by the course provider after April 2014 constituted circumstances beyond Mr Crisp's control. These circumstances, coupled with the provider's failure to deliver the course in a timely and structured manner, made it impracticable for Mr Crisp to complete the course requirements within the 78-week duration. The Tribunal was satisfied that these were special circumstances as contemplated by the legislation.

Consequently, the Tribunal set aside the decision of the Secretary and substituted it with a decision that Mr Crisp's VET FEE-HELP debt be re-credited.