Sadeque and Secretary, Department of Education, Skills and Employment

The Administrative Appeals Tribunal considered an application by Mr Sadeque (the Applicant) seeking remission of his HECS-HELP debt for a unit of study. The Applicant had enrolled in the unit in August 2019 and believed he could meet its requirements, which involved research and problem-solving. He had discussions with his teacher and was aware of the census date and the completion deadline of February 2020. The Applicant stated he understood his responsibility to modify his enrolment if his circumstances made successful study unlikely. The Respondent was the Secretary, Department of Education, Skills and Employment.

The central legal issue before the Tribunal was whether the Applicant had established "special circumstances" as defined by section 36-21 of the relevant Act, which would permit the remission of his HECS-HELP debt under section 36-20. Specifically, the Tribunal had to determine if the Applicant's circumstances met the three criteria outlined in section 36-21(1): that they were beyond his control, did not make their full impact until on or after the census date, and made it impracticable for him to complete the unit's requirements. The Tribunal was bound to consider these criteria in accordance with the Administration Guidelines.

The Tribunal's reasoning focused on the interpretation of "special circumstances" as set out in the Administration Guidelines, which are a legislative instrument that decision-makers must follow. These guidelines stipulate that circumstances must be beyond the person's control, unusual, uncommon, or abnormal. Furthermore, the full impact of these circumstances must not become apparent until on or after the census date, or they must worsen after that date. The guidelines also provide examples of circumstances that could make completion impracticable, including medical, family/personal, or employment-related issues that are beyond the person's control. The Applicant's evidence regarding his employment and concerns about a co-worker's safety practices was examined against these criteria.

The Tribunal affirmed the decision regarding the Unit, meaning the Applicant's request for remission of his HECS-HELP debt was not granted.