Sadek and Secretary, Department of Education

The applicant, Ms Sadek, sought remission of her HECS-HELP debt from the Secretary of the Department of Education. The dispute concerned whether Ms Sadek's circumstances qualified as "special circumstances" under the relevant legislation, thereby entitling her to debt remission. The matter was heard by A Poljak SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine three key issues: first, whether Ms Sadek's circumstances were beyond her control; second, whether these circumstances did not make their full impact on her until on or after the census date for the unit of study; and third, whether these circumstances made it impracticable for her to complete the requirements of the unit during the relevant period. These criteria are stipulated in subsections 36-21(1)(a), (b), and (c) of the *Higher Education Support Act 2003* (Cth) and further elaborated in the Administration Guidelines.

The Tribunal considered extensive medical evidence detailing Ms Sadek's ongoing conditions, including anxiety, depression, and gastrointestinal issues, which required regular treatment and caused intermittent pain and fatigue. While the Tribunal accepted that Ms Sadek suffered from significant medical issues, it found that the evidence did not establish that these circumstances were beyond her control, nor that they did not make their full impact until on or after the census date. Crucially, a letter from her treating practitioner noted that Ms Sadek had advised she was not missing university due to her chronic illness. Furthermore, the Tribunal found that the evidence did not demonstrate that it was impracticable for her to complete the unit requirements, particularly given her own advice that she was not missing university due to her illness and her embarrassment in seeking assistance from the university.

The Tribunal affirmed the decision of the Secretary, Department of Education, and dismissed Ms Sadek's application for remission of her HECS-HELP debt.