PSVN and Secretary, Department of Education and Training

This matter concerned an application by PSVN to the Administrative Appeals Tribunal for a review of a decision by the Secretary, Department of Education and Training, to refuse to re-credit a FEE-HELP debt. The applicant had enrolled in a unit of study and subsequently sought an exemption from the attendance requirements due to a flare-up of a skin condition. The core of the dispute revolved around whether the applicant's circumstances constituted "special circumstances" that would warrant re-crediting the debt, particularly in light of the unit's attendance policy and the timing of the applicant's requests and withdrawals.

The Tribunal was required to determine whether the applicant's skin condition constituted "special circumstances" for the purposes of the relevant legislation, and whether the full impact of these circumstances occurred on or after the census date for the unit. This involved assessing whether the applicant had taken all reasonable steps to mitigate the impact of his condition and whether his actions, such as seeking an exemption and later a Discontinue – Fail grade, were timely and appropriate in the context of the university's policies and the applicable dates.

The Tribunal reasoned that for circumstances to be considered "special," they must be circumstances that the applicant could not reasonably have been expected to foresee or control, and which had a significant impact on their ability to complete the unit. In this instance, the applicant's skin condition was a recurring issue, and while it had flared up, the Tribunal found that its full impact had occurred before the census date. The applicant had been advised of the attendance requirements and the option to withdraw before the census date, and his subsequent applications for special consideration and exemptions were made after the critical period. Consequently, the Tribunal concluded that no special circumstances existed that would justify re-crediting the FEE-HELP debt.