Tollo and Secretary, Department of Education

In the Administrative Appeals Tribunal, Mr. Khiam Tollo sought review of a decision by the Secretary, Department of Education, to refuse the removal of his HECS-HELP debt. The dispute centred on whether Mr. Tollo's circumstances qualified as "special circumstances" under the *Higher Education Support Act 2003* (Cth) that would permit the recrediting of his HECS-HELP assistance for certain units of study.

The Tribunal was required to determine whether Mr. Tollo's circumstances were beyond his control and whether their full impact occurred on or after the census date for the relevant units. Medical evidence concerning Mr. Tollo's health conditions was presented for consideration.

Senior Member B. Pola found that the applicant did not satisfy the statutory requirements of section 97-25(c) of the *Higher Education Support Act 2003*. Consequently, the Tribunal affirmed the respondent's decision, concluding that Mr. Tollo was not entitled to have his HECS-HELP assistance recredited.