Slavnic and Secretary, Department of Education, Skills and Employment

The Administrative Appeals Tribunal considered an application by Mr. Slavnic for the re-crediting of his Higher Education Provider Payment (HEPP) FEE balance. Mr. Slavnic sought this re-crediting on the basis that the vocational education and training (VET) provider he engaged with had engaged in inappropriate conduct. The Secretary of the Department of Education, Skills and Employment opposed the application.

The Tribunal was required to determine whether the VET provider's conduct constituted "inappropriate conduct" as defined by the relevant legislation, and if so, whether Mr. Slavnic was entitled to have his FEE balance re-credited. This involved an assessment of the actions of the VET provider in relation to Mr. Slavnic's enrolment and the services provided.

In reaching its decision, the Tribunal applied the principles of administrative law and the specific provisions of the *Higher Education Support Act 2003* (Cth) and associated regulations. The Tribunal found that while there may have been some shortcomings in the provider's communication, the conduct did not meet the threshold of "inappropriate conduct" as contemplated by the legislation. The Tribunal considered the evidence presented by both parties and concluded that the provider's actions were not such as to warrant the re-crediting of Mr. Slavnic's FEE balance.

The Tribunal affirmed the decision of the Secretary not to re-credit Mr. Slavnic's HEPP-FEE balance.