Nakhle and Secretary, Department of Education, Skills and Employment

The Administrative Appeals Tribunal considered an application by Ms. Nakhle for remission of a FEE-HELP debt. Ms. Nakhle had requested to enrol in units of study in August 2018, and received information from the university regarding academic dates and the importance of checking her student email. She experienced significant personal difficulties, including a car accident on 1 September 2018 resulting in whiplash and spinal injuries, her husband's impending hospital treatment, and her second child undertaking HSC examinations. Despite these circumstances, Ms. Nakhle did not formally withdraw from her units of study before the census date of 5 October 2018. She contacted the university on 14 October 2018, seeking to defer her studies due to these events.

The primary legal issue before the Tribunal was whether the requirement to make an application for remission of a FEE-HELP debt before the end of the application period could be waived, given the applicant's circumstances. The Tribunal was required to determine if the applicant had met the criteria for remission under the relevant legislation, specifically subsection 36-20(1)(d) of the Act, which pertains to special circumstances.

The Tribunal noted that the applicant's request to defer her studies was made after the census date for the units of study had passed. Crucially, the application for remission of the FEE-HELP debt was also not made within the prescribed timeframe. The Tribunal found it unnecessary to delve into the merits of whether the applicant's circumstances constituted "special circumstances" as defined by the Act, because the application for remission itself was out of time. The Tribunal affirmed the reviewable decision made on 23 September 2020.