HHJK and Secretary, Department of Education

The Administrative Appeals Tribunal (AAT) considered an application by HHJK (the Applicant) for review of decisions made by the Secretary, Department of Education (the Respondent), concerning an application for remission of a HECS-HELP debt. The Applicant sought remission of her HECS-HELP debt on the basis of having Attention-Deficit/Hyperactivity Disorder (ADHD), which she claimed prevented her from applying for remission within the prescribed timeframe.

The central legal issue before the AAT was whether the Applicant could satisfy the requirements for HECS-HELP debt remission, specifically concerning the timeliness of her application. The Applicant argued that her unawareness of her ADHD condition meant she could not have reasonably applied within the 12-month period following the census date for her studies. The AAT was required to determine if this explanation constituted sufficient grounds to overcome the statutory time limit for remission applications.

The AAT reasoned that the Applicant had not satisfied the requirements of subparagraph 36-20(1)(f)(ii) of the relevant Act. The Applicant's submission that she was unaware of her ADHD and therefore unable to apply within the timeframe was not considered sufficient to meet the statutory criteria for remission. Consequently, the AAT found it unnecessary to consider any special considerations under paragraph 36-20(1)(d) of the Act or the Administration Guidelines.

Accordingly, the AAT affirmed the Reviewable Decisions of the Respondent dated 10 August 2022, meaning the Applicant's application for remission of her HECS-HELP debt was unsuccessful.