CVSH and Secretary, Department of Education

The Administrative Appeals Tribunal (the Tribunal) considered an application by CVSH (the applicant) for remission of a FEE-HELP debt. The applicant sought to have his debt remitted on the grounds of special circumstances that allegedly arose after the census date for his units of study. The Secretary, Department of Education, was the respondent.

The central legal issue before the Tribunal was whether the applicant's circumstances met the criteria for remission of a FEE-HELP debt as defined by the Administration Guidelines 2012 (Cth). Specifically, the Tribunal had to determine if the applicant's circumstances were beyond his control, if they did not make their full impact until on or after the census date, and if they made it impracticable for him to complete his studies.

The Tribunal's reasoning focused on the requirements outlined in Chapter 3 of the Administration Guidelines. It noted that circumstances must be unusual, uncommon, or abnormal and not due to the person's own actions or inaction. Furthermore, the impact of these circumstances must have occurred or worsened after the census date, or their full effect only became apparent then, rendering completion of study impracticable. The applicant's submissions detailed a series of significant personal and family crises, including his father's cancer treatment, the death of his grandfather, his sons requiring major surgery, and a substantial pay cut and job insecurity at his workplace. The Tribunal considered these events in light of the guidelines, particularly the provisions relating to medical and family circumstances that could make study impracticable.

The Tribunal affirmed the decision of the higher education provider, which had declined the applicant's request for remission. The provider's decision, and subsequently the Tribunal's review, concluded that the applicant's circumstances, while difficult, did not demonstrate that their full impact occurred after the penalty date or that they rendered it impracticable to meet the unit requirements to the extent required for remission.