Davies and Secretary, Department of Education

Davies (the applicant) sought review of the Secretary, Department of Education's (the respondent) decision to refuse to recredit VET FEE-HELP fees. The applicant had completed units of study and sought recredit of the associated fees. The respondent had dismissed the application for review on the basis that it had no reasonable prospect of success, providing oral reasons at the time. The applicant subsequently requested written reasons for this decision.

The Administrative Appeals Tribunal was required to determine whether the applicant's application for review was validly lodged and, if so, whether the issue of an extension of time was applicable. The Tribunal also needed to consider the respondent's refusal to recredit the VET FEE-HELP fees and the adequacy of the reasons provided for the dismissal of the review application.

The Tribunal found that the applicant had lodged a valid application for review. It determined that the issue of an extension of time was not applicable in this instance. The Tribunal further held that the respondent's decision to refuse recredit of the VET FEE-HELP fees was not made in accordance with law, and that the oral reasons provided for dismissing the application for review were insufficient. The Tribunal concluded that the applicant had a reasonable prospect of success in their application.

The Tribunal set aside the respondent's decision and remitted the matter to the respondent for reconsideration according to law.