Cruickshank and Secretary, Department of Education

This matter concerned an application by Mr William Peter Cruickshank to the Administrative Appeals Tribunal (AAT) for review of a decision by the Secretary, Department of Education. The respondent had refused Mr Cruickshank's request for the removal of his HECS-HELP debt, and Mr Cruickshank contended that special circumstances existed that warranted such removal.

The AAT was required to determine whether Mr Cruickshank satisfied the cumulative statutory test for establishing special circumstances under section 97-25(c) of the *Higher Education Support Act 2003* (Cth). This involved assessing whether his circumstances were beyond his control and whether their full impact occurred on or after the census date for his relevant unit of study. The Tribunal considered medical evidence relating to Mr Cruickshank's health conditions in its determination.

Senior Member B. Pola found that Mr Cruickshank had not satisfied two of the limbs of the cumulative legislative test for establishing special circumstances. Consequently, the Tribunal concluded that Mr Cruickshank did not meet the requirements of section 97-25(c) of the Act.

Pursuant to section 43(1)(a) of the *Administrative Appeals Tribunal Act 1975* (Cth), the AAT affirmed the reviewable decision of the respondent dated 17 October 2022.