Sadouet and Secretary, Department of Education, Skills and Employment

This matter concerned an appeal by Ms Sadouet against a decision of the Secretary, Department of Education, Skills and Employment. The Administrative Appeals Tribunal (AAT) heard the matter de novo, meaning it considered the evidence afresh and was not bound by any errors in the original decision-maker's reasoning. The central issue was whether Ms Sadouet met the criteria for "special circumstances" under section 36-20(1)(d) of the relevant Act, as interpreted by the Guidelines.

The Tribunal was required to determine if Ms Sadouet's circumstances qualified as "special" for the purposes of the Act. This involved evaluating the evidence presented to the Tribunal, drawing its own inferences, and making independent findings of fact. The Tribunal's role was to decide, based on the entirety of the evidence before it, whether to set aside the original decision or affirm it.

The Tribunal found that Ms Sadouet had a varied work history and had experienced significant personal difficulties, including the divorce from her husband and the kidnapping of her son. Crucially, from 2004 onwards, she had not worked due to injuries sustained in car accidents, particularly to her right elbow. Despite these challenges, she had actively sought to improve her educational qualifications, enrolling in Year 12 Geology, a TAFE course in geophysics and geosciences, and a Bachelor of Science degree with a focus on the mining industry. However, she was unable to complete these courses due to her ongoing injuries and certain gynaecological conditions.

The Tribunal concluded that Ms Sadouet had satisfied the criteria for "special circumstances" under section 36-20(1)(d) of the Act. Accordingly, the Tribunal set aside the decision under review and substituted a new decision in favour of the applicant.