GQPH and Secretary, Department of Education

This matter concerned an application by GQPH for the re-credit of his FEE-HELP balance, which had been refused by SAE and subsequently confirmed by the Secretary, Department of Education. GQPH sought review of this decision before the Administrative Appeals Tribunal. The core of the dispute revolved around whether the requirement to apply for re-credit within a specified application period could be waived, and if so, whether GQPH's circumstances met the criteria for such a waiver.

The Tribunal was required to determine two primary legal issues. First, whether the application period stipulated in section 104-35 of the Higher Education Support Act 2003 (Cth) could be waived on the grounds that it was not possible for the application to be made within that period. Second, if a waiver was possible, whether "special circumstances" as defined by paragraph 104-25(1)(c) of the Act applied to GQPH in relation to the units of study in question.

The Tribunal considered GQPH's submissions that his mother's severe mental health conditions prevented him from continuing his studies, withdrawing from his course, or making a timely application for re-credit. Evidence was presented, including clinical notes and medical reports, detailing his mother's hospital admissions, ongoing treatment, and severe relapses of bipolar disorder and major depressive disorder between February and March 2014, which significantly impacted GQPH's studies. The Tribunal noted that section 104-25(1)(e)(ii) of the Act allows for a waiver of the application period if it was not possible for the application to be made within that time. Furthermore, section 104-30(1) outlines that special circumstances apply if they are beyond the person's control, do not make their full impact until on or after the census date, and make it impracticable to complete the unit requirements. The Tribunal found that GQPH's mother's severe mental health issues constituted circumstances beyond his control that made it impracticable for him to complete his studies.

Ultimately, the Tribunal affirmed the Review Decision.