GMFV and Secretary, Department of Education and Training

This matter concerned an appeal by the Applicant, GMFV, against a decision of the Secretary, Department of Education and Training, which affirmed a refusal to re-credit a VET FEE-HELP loan. The Applicant had withdrawn from her course and sought a re-credit of her loan debt, but her application was lodged after the prescribed time limit.

The court was required to determine whether it was not possible for the Applicant to have made her re-credit application within the stipulated period under the relevant scheme. If this threshold was met, the court would then consider whether special circumstances applied to justify a waiver of the time limit, and whether special circumstances applied in relation to specific units of study. The Applicant's census dates for the units in question were 29 February 2016, 12 May 2016, 4 April 2017, and 7 August 2017. She withdrew from her course on 13 September 2016, with the withdrawal taking effect on 9 September 2016.

The court reasoned that the Applicant had until 10 September 2017 to submit her application for re-credit for the first two units, but she did not lodge it until 9 December 2017, some three months late. For the Applicant to succeed, the requirement to lodge the application within time needed to be waived on the ground that it was not possible to make the application before the end of the period. The Applicant argued it was not possible due to her intention to complete her diploma and her belief that applying earlier would not make sense while she was still studying. However, the court found that the Applicant's reasons did not demonstrate that it was not possible for her to make the application, but rather that she chose not to. The court applied the principle that "not possible" requires a very serious constraint on a person's ability to act, and that "possible" means capable of being done.

Ultimately, the court found that special circumstances did not apply, and therefore the Applicant was not eligible for a re-credit of her VET FEE-HELP debt. The Applicant's appeal was dismissed, and the decision under review was affirmed.