GHJF and Secretary, Department of Education

The Administrative Appeals Tribunal considered an application by GHJF seeking to re-credit their FEE-HELP balance under section 104-25 of the *Higher Education Support Act 2003* (Cth). The dispute arose from Deakin College's refusal to grant GHJF's application for remission of debt concerning three units of study undertaken in the first trimester of 2018. GHJF had withdrawn from these units due to severe mental health issues, including anorexia nervosa, obsessive compulsive disorder, generalised anxiety disorder, and attention deficit hyperactivity disorder. The Tribunal was asked to determine whether the requirement for the application to be made within the prescribed "application period" could be waived and whether "special circumstances" applied under the relevant guidelines.

The Tribunal was required to determine two primary legal issues. Firstly, whether the requirement for GHJF's application for re-crediting of their HELP balance to be made within the specified application period, as defined by section 104-35 of the *Higher Education Support Act 2003* (Cth), could be waived. Secondly, the Tribunal had to consider whether GHJF's circumstances met the criteria for "special circumstances" as outlined in Part 3 of the *Higher Education Support (Administration) Guidelines 2022* (Cth), which would permit the waiver of the application period requirement.

The Tribunal reasoned that while the application was lodged outside the standard application period, the provider could waive this requirement if it was not possible for the application to be made within that period. The Tribunal found that GHJF's severe mental health conditions, which significantly impacted their ability to manage daily living and seek assistance, constituted circumstances beyond their control and made it impracticable to complete the unit requirements. These conditions, which worsened and became apparent during the period of study, qualified as "special circumstances" under the Guidelines. Consequently, the Tribunal set aside the decision under review and substituted it with a decision that Deakin College must re-credit GHJF's HELP balance with the amounts equivalent to the FEE-HELP assistance received for the three units.