Forer and Secretary, Department of Education

This matter concerned an appeal by Mr Forer against a decision of the Secretary, Department of Education, regarding the remission of his HECS-HELP debt. Mr Forer had enrolled in two courses at Monash University, the Bachelor of Commerce and the Bachelor of Biomedical Science, for Semester 1, 2022. He sought remission of his HECS-HELP debt on the basis of special circumstances, arguing that he was unaware of his enrolment and that the university had failed to adequately communicate with him before the census date. The Administrative Appeals Tribunal considered the appeal.

The primary legal issue before the Tribunal was whether Mr Forer's circumstances met the criteria for special circumstances as defined by section 36-20(1)(d) and section 36-21(1) of the relevant Act. These provisions require that special circumstances must be beyond a person's control, make their full impact on or after the census date, and render it impracticable for the person to complete the requirements for the unit of study during the relevant period. The Tribunal had to determine if Mr Forer's situation satisfied all these cumulative conditions.

The Tribunal found that Mr Forer had withdrawn from his units after the census date of 31 March 2022, meaning he had incurred a HECS-HELP debt. While acknowledging Mr Forer's frustration with Monash University's communication methods and timing, the Tribunal was not persuaded that his circumstances were beyond his control. Mr Forer had agreed to access his Monash student email account regularly, which he had failed to do since enrolling in January 2022. The Tribunal concluded that it would not have been impracticable for him to verify his enrolment status by checking this account. Consequently, the Tribunal determined that Mr Forer's circumstances did not amount to special circumstances as required by the Act for debt remission.

The Tribunal affirmed the decision under review, meaning Mr Forer's HECS-HELP debt for the Semester 1, 2022 units in the Bachelor of Commerce and Bachelor of Biomedical Science at Monash University was not remitted.