Georgiou and Secretary, Department of Education and Training

The Administrative Appeals Tribunal reviewed a decision concerning Georgiou and the Secretary, Department of Education and Training, regarding an application for re-crediting a FEE-HELP debt. The applicant sought to have her debt waived, arguing that she had withdrawn from her course due to mental health issues and was unaware of the debt until several years later.

The Tribunal was required to determine whether the applicant had made her application for re-crediting the FEE-HELP debt within the prescribed application period, and if not, whether the circumstances warranted a waiver of that period. Specifically, the Tribunal had to consider if the applicant's mental health condition constituted "special circumstances" that were beyond her control and had their full impact on or after the census date for the units of study.

The Tribunal accepted that the applicant suffered from depression and anxiety in early 2013, but found that the evidence did not establish that her circumstances made it impractical for her to withdraw formally or to address the debt. The Tribunal gave little weight to the clinical psychologist's letter regarding the applicant's cognitive difficulties, as it was not contemporaneous with the period of alleged withdrawal or the census date. Consequently, the Tribunal concluded that the applicant did not meet the requirements for re-crediting her FEE-HELP debt.

The Tribunal affirmed the decision under review, meaning the applicant was not entitled to have her FEE-HELP debt re-credited.