Mills and Secretary, Department of Education

Mills and the Secretary, Department of Education concerned an application for re-crediting or waiver of a higher education debt. The applicant, Ms Mills, sought an extension of time to reinstate her matter, which had been withdrawn approximately five years prior. The Administrative Appeals Tribunal (AAT) was required to determine whether special circumstances existed that would justify granting this extension of time.

The central legal issue before the Tribunal was whether the applicant had demonstrated "special circumstances" as contemplated by the relevant legislation, which would warrant the granting of an extension of time to reinstate her application. This required an assessment of the applicant's situation and the reasons for the significant delay in seeking to revive her original application for debt relief.

The Tribunal Member, Ms A E Burke AO, considered the applicant's submissions regarding her personal circumstances and the reasons for her prolonged inaction. Ultimately, the Tribunal found that the circumstances presented did not meet the threshold of "special circumstances" required to justify an extension of time. Consequently, the application for an extension of time was denied.