Killen and Secretary, Department of Education and Training

This matter concerned an application by the Applicant for a refund of student fees paid for a unit of study, Unit 8331, under section 36-21 of the Higher Education Support Act 2003 (Cth). The Applicant sought to demonstrate that "special circumstances" applied to her situation, which would entitle her to the refund. The decision was made by Senior Member Bill Stefaniak.

The legal issues before the court were whether the Applicant's circumstances were beyond her control and whether these circumstances made it impracticable for her to complete the requirements of her study. Specifically, the court had to determine if the Applicant's back injury, which had a history dating back to 2006, constituted special circumstances that arose after the census date and prevented her from completing Unit 8331 by the extended deadline of 31 December 2015.

The court considered the Applicant's history of back injuries and other medical episodes, noting her diligence as a teacher and her prior success in undertaking university studies. The Applicant had enrolled in Unit 8331 in July 2015 and subsequently received an extension to complete her assignments until 31 December 2015. While she had gathered substantial material, she failed to submit her assignments by the due date. Medical certificates provided by the Applicant covered periods in late October and late December 2015, indicating she was unfit for university studies due to her back condition. However, the court found that the evidence did not establish that the impact of her back condition in September 2015 was beyond her control or made it impracticable for her to complete the unit by the extended deadline. The court was not satisfied, on the balance of probabilities, that the Applicant had met the criteria for special circumstances under the Act.