Last and Secretary, Department of Education and Training

The applicant, Last, sought a review of a decision by the Secretary, Department of Education and Training, concerning an application for the remission of a FEE-HELP debt. The dispute centred on whether the applicant had completed units of study in a manner that would satisfy the criteria for debt remission, despite her concerns about the quality and content of the units delivered. The matter was heard by Chris Puplick AM, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant's circumstances constituted "special circumstances" that would warrant the remission of her FEE-HELP debt. This required the Tribunal to determine if the applicant had indeed completed the units of study for which the debt was incurred, and if so, whether any alleged deficiencies in the teaching, assessment, or course content amounted to special circumstances justifying remission under the relevant legislation.

The Tribunal found that the applicant had completed the units of study, which was a prerequisite for considering remission. However, the Tribunal noted that the applicant had failed to withdraw from the relevant study period within the legislatively prescribed time. This failure, coupled with the completion of the units, meant that the applicant's case lacked the necessary foundation for her application for remittal to be considered under the relevant legislative provisions. Consequently, the Tribunal affirmed the decision under review.