Heath and Secretary, Department of Education, Skills and Employment

In the Administrative Appeals Tribunal, Senior Member B. Pola considered an application by Ms Joanne Heath for the remission of her HECS-HELP debt. The dispute arose from Ms Heath's withdrawal from units of study after the census date, which she contended was due to the exacerbation of a mental health condition. The Respondent, the Secretary of the Department of Education, Skills and Employment, had previously affirmed its decision to refuse the remission.

The Tribunal was required to determine whether special circumstances existed that were beyond Ms Heath's control and made it impracticable for her to complete the requirements for the units of study, specifically considering the impact of these circumstances on or after the census date. This involved an assessment against the criteria set out in sections 36-20(1)(d) and 36-21(1)(a) and (b) of the relevant Act.

Senior Member Pola found that Ms Heath had not satisfied all the necessary limbs of the test prescribed by the Act. Consequently, the Tribunal was not satisfied that special circumstances applied to her. The reasoning indicated that the circumstances, as presented, did not meet the threshold for remission of the HECS-HELP debt.

The Tribunal affirmed the decision of the Respondent dated 14 September 2020, meaning Ms Heath was not entitled to have her HECS-HELP debt remitted.