Tralongo and Secretary, Department of Education

This matter concerned an application by Ms Tralongo for the remission of her HECS-HELP debt for two units of study. The dispute arose from the Secretary, Department of Education's decision to refuse her application, which Ms Tralongo sought to have reviewed by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Ms Tralongo had established "special circumstances" in relation to her studies. Specifically, it needed to assess if these circumstances were beyond her control, did not make their full impact until on or after the census date for the units, and rendered it impracticable for her to complete the requirements for those units during the period of study. These three criteria were cumulative, meaning failure to satisfy any one would result in the application being unsuccessful.

The Tribunal considered evidence of Ms Tralongo's chronic illness, Churg-Strauss vasculitis, which significantly impacted her physical well-being and ability to study. While acknowledging her courage and the adversity she faced, the Tribunal noted that her illness regularly flared up, and she had previously had remission applications approved based on exacerbations. However, for the specific units in question, the Tribunal found that the stress of study, particularly assignment and exam preparation, would have been apparent to Ms Tralongo before the census date. Furthermore, medical notes indicated that while she experienced some exacerbations, other health issues and a general assessment of her condition in late 2014 did not conclusively demonstrate that the full impact of her illness made study impracticable during the relevant periods.

Ultimately, the Tribunal affirmed the decision under review, finding that Ms Tralongo had not satisfied all the cumulative requirements for establishing special circumstances for the remission of her HECS-HELP debt for the two units of study.