PJPF and Secretary, Department of Education and Training

This matter concerned an application by PJPF (the applicant) for the remission of his HECS-HELP debt in relation to a Bachelor of Laws course undertaken at the University of New England. The Secretary, Department of Education and Training, was the respondent. The applicant sought remission of his debt on the grounds of special circumstances, specifically a diagnosis of chronic major depressive disorder.

The central legal issue before the Tribunal was whether the applicant's circumstances met the criteria for "special circumstances" as defined by the Higher Education Support Act 2003 (Cth) and the associated Administration Guidelines. This required determining if the applicant's medical condition was beyond his control, if its full impact occurred on or after the census date for the unit of study, and if it made it impracticable for him to complete the requirements of the unit.

The Tribunal considered the applicant's medical evidence, which confirmed a diagnosis of chronic major depressive disorder with symptoms affecting concentration, memory, and motivation. However, the Tribunal found that the applicant's condition, while impacting his ability to study, did not satisfy the statutory requirements for special circumstances. Specifically, the Tribunal determined that the condition's full impact did not manifest on or after the census date, and it was not satisfied that the condition made it impracticable for the applicant to complete the unit requirements. The Tribunal affirmed the decision that special circumstances did not apply.