McNally and Secretary, Department of Education and Training

This matter concerned an application to the Administrative Appeals Tribunal (the Tribunal) by Mr McNally against a decision by the Secretary, Department of Education and Training. Mr McNally had enrolled in a diploma at TAFE but did not withdraw from his course on or before the census date. Consequently, he was required to repay his VET FEE-HELP balance. The central issue was whether Mr McNally qualified for a re-credit of this balance on the grounds of "special circumstances".

The Tribunal was required to determine whether the circumstances presented by Mr McNally met the legislative definition of "special circumstances" for the purposes of re-crediting his VET FEE-HELP balance. This involved assessing whether the circumstances were beyond his control, did not make their full impact until on or after the census date, and made it impracticable for him to complete the course requirements within the designated period. The Tribunal considered the applicant's assertion that accepting a new role with longer hours was beyond his control, while the respondent argued that the change in employment, wedding plans, and the birth of his son were not beyond his control and did not constitute special circumstances.

The Tribunal reasoned that for circumstances to be considered "special", they must be unusual, uncommon, or abnormal, and beyond the person's control. While acknowledging that Mr McNally had experienced a career advancement, the Tribunal found that he had made choices regarding his employment and role. Drawing a parallel with the case of *Nash v Secretary, Department of Education and Training*, the Tribunal concluded that even if circumstances were thrust upon the applicant, they did not necessarily amount to special circumstances. Ultimately, the Tribunal was not satisfied that Mr McNally had established special circumstances, and therefore affirmed the decision under review.