Sooaemalelagi and Bruce Hartwig Flying School Pty Ltd

This matter concerned an application by Ms Sooaemalelagi to the Administrative Appeals Tribunal (AAT) for review of a decision regarding her VET FEE-HELP balance. The dispute arose from Ms Sooaemalelagi's attempts to seek a reduction or waiver of her "student gap payment," which she argued was due to special circumstances beyond her control. Bruce Hartwig Flying School Pty Ltd was the respondent provider.

The primary legal issue before the Tribunal was whether it had jurisdiction to review Ms Sooaemalelagi's request for re-crediting of her FEE-HELP balance. Specifically, the Tribunal had to determine if Ms Sooaemalelagi had made a valid written request for re-crediting under clause 46 of the relevant provisions, and whether a primary or reconsideration decision had been made by the provider or the Secretary, as required for the Tribunal to exercise its review jurisdiction.

The Tribunal reasoned that its jurisdiction to review decisions concerning VET FEE-HELP balances is limited to reviewing a refusal to re-credit under clause 46 or 46A, or a decision to re-credit under clause 46A, but only after a primary decision has been made and reconsidered. The Tribunal found that Ms Sooaemalelagi's letters of 8 July 2015 and 24 August 2015 sought a reduction of her "student gap payment" rather than a re-crediting of her FEE-HELP balance. Furthermore, the Tribunal concluded that these letters did not constitute a valid written request for re-crediting under clause 46, and therefore, the subsequent email from the provider, which referred to "special circumstances," could not be construed as a primary decision rejecting such a request.

Consequently, the Tribunal determined that it lacked jurisdiction to hear the application, as the necessary preconditions for review had not been met. The application was therefore dismissed.