Frankcom and Secretary, Department of Education

This matter concerned an application by Mr Peter Frankcom for a review of a decision by the Australian Institute of Professional Counsellors (AIPC) to refuse him a re-crediting of his FEE-HELP balance. Mr Frankcom had borrowed money from the Commonwealth Government to pay tuition fees for a course he commenced but did not complete. The AIPC had determined that Mr Frankcom’s application for re-crediting was made too late and that his personal circumstances had not prevented him from making a timely application.

The court was required to determine whether Mr Frankcom’s application for re-crediting of his FEE-HELP balance was made within the prescribed timeframes and, if not, whether his personal circumstances were such that they made it impossible for him to lodge a timely application.

The court affirmed the decision under review. The presiding SM found that Mr Frankcom's circumstances, including significant stress and the emergence of a tinnitus condition stemming from prior unfair treatment at his previous employment, while acknowledged, did not render it impossible for him to make a timely application for re-crediting. The SM concluded that the application was indeed lodged out of time and that the applicant had not demonstrated that his personal circumstances prevented him from complying with the relevant time limits.