Graham-Micett and Secretary, Department of Education

This matter concerned an appeal by Ms Graham against a decision affirming the refusal to remit her HECS-HELP debt. Ms Graham had been enrolled in a Bachelor of Nursing unit at QUT which required a hospital placement. Her initial placement at St Vincent’s Private Hospital was lost due to a failure to provide timely evidence of COVID-19 vaccinations. A subsequent placement at Princess Alexandra Hospital (PAH) was found to be logistically difficult and involved alleged bullying by a facilitator, which Ms Graham claimed led to her failing the unit and thus incurred a HECS-HELP debt. The Secretary, Department of Education, opposed the remission of the debt.

The central legal issue before the Tribunal was whether "special circumstances" applied under the *Higher Education Support Act 2003* (Cth) to warrant the remission of Ms Graham's HECS-HELP debt. This required the Tribunal to determine if the difficulties Ms Graham encountered with her placement at PAH, including alleged bullying and logistical challenges, were of such a nature as to make it impractical for her to complete the unit of study.

The Tribunal found that special circumstances did not apply. It reasoned that Ms Graham had, in fact, completed the unit despite her assertions of logistical difficulties. The Tribunal noted that public transport was available for her travel to PAH within a reasonable timeframe and that there was no evidence of medical, family, or employment circumstances that would have made it unreasonable for her to continue studying. While acknowledging the alleged bullying, the Tribunal observed that it was not reported until after Ms Graham was notified of her failure and that such behaviour, while unacceptable, could be perceived differently in a high-pressure hospital environment. Furthermore, the Tribunal considered Ms Graham's impoverished financial circumstances, which she was aware of prior to enrolment, and suggested that part-time study or deferral might have been more appropriate given these limitations. The Tribunal affirmed the decision under review.