Mayhew and Secretary, Department of Education

The Administrative Appeals Tribunal considered an application by the Delegate of the Secretary, Department of Education, Skills and Employment to dismiss an application for review made by Ms Jade Mayhew. Ms Mayhew sought a review of a decision made by the Delegate on 22 January 2021, concerning the re-accreditation of a VET FEE-HELP provider.

The primary legal issue before the Tribunal was whether Ms Mayhew's application for review had any reasonable prospects of success, particularly in light of the provider's alleged inappropriate behaviour and the question of whether the unit requirements of the course had been completed. The Tribunal was required to determine if the legislative requirements for re-accreditation were met, notwithstanding the circumstances faced by students.

The Tribunal acknowledged the difficult situation faced by Ms Mayhew and other students who were victims of a perversion of the FEE-HELP scheme by the provider. However, the Tribunal found that it could not disregard the express provisions of the relevant legislation. Applying these provisions, the Tribunal concluded that Ms Mayhew's application for review did not have reasonable prospects of success.

Consequently, the Tribunal granted the application of the Delegate and dismissed Ms Mayhew's application for review.