KQKM and Secretary, Department of Education, Skills and Employment

The matter before the Tribunal concerned an application by KQKM (the applicant) for review of a decision made by the Secretary, Department of Education, Skills and Employment (the respondent), relating to an application for remission of a HECS-HELP debt. The core of the dispute revolved around whether the applicant had made a request for reconsideration of the University's decision within the prescribed time frame, and whether the University's subsequent decision not to allow a longer period for this request was a reviewable decision.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant's request for reconsideration of the University's decision was made within the time limit prescribed by the relevant legislation. Secondly, and crucially for the Tribunal's jurisdiction, whether the University's decision not to permit an extension of time for the reconsideration request constituted a "reviewable decision" under section 206-1 of the Act.

The Tribunal found that the University's letter advising of its decision of 1 February 2019 was delivered to and received at the applicant's postal address, despite the applicant's assertions of postal errors. This finding established that the 28-day period for making a reconsideration request had expired before the applicant lodged her request. Furthermore, the Tribunal concluded that the University's decision not to allow a longer period for the making of a reconsideration request was not a reviewable decision, and therefore, the Tribunal lacked jurisdiction to review this aspect of the University's response.