Vandenberk and Secretary, Department of Education

This matter concerned an application by Mr Vandenberk to the Administrative Appeals Tribunal for the re-crediting of a FEE-HELP debt. Mr Vandenberk sought re-crediting for a unit of study, AUM172 Music Materials, which he had failed. The Secretary, Department of Education, opposed the application.

The Tribunal was required to determine whether Mr Vandenberk met the criteria for special circumstances that would allow for the re-crediting of his FEE-HELP debt under section 104-25(1)(c) of the Act. Specifically, the Tribunal had to consider if the circumstances were abnormal, uncommon, or unusual and beyond the applicant’s control, if their full impact occurred on or after the census date, and if they made it impracticable for the applicant to complete the requirements for the unit. The Tribunal also considered whether Mr Vandenberk had applied for re-crediting within the prescribed time period and if any waiver of this time limit was warranted.

The Tribunal found that Mr Vandenberk had incurred a FEE-HELP debt as he withdrew from his course after the census date. He did not dispute that he had passed another unit, AUM173 Introduction to Songwriting, meaning he did not meet the criterion in section 104-25(1)(b) for re-crediting that unit. Regarding AUM172, the Tribunal determined that Mr Vandenberk's application for re-crediting was lodged out of time, as it was submitted more than 12 months after the unit concluded. While Mr Vandenberk contended that his deteriorating mental health and ignorance of his debt prevented him from applying within the timeframe, the Tribunal found this was not impossible. Evidence, including his loan request form and an email from the educational provider, indicated he was aware of his repayment obligations and the financial consequences of withdrawing after the census date. Furthermore, the Tribunal found that while Mr Vandenberk's mental health issues and COVID-19 lockdowns were beyond his control, their full impact was known before the census date, and they did not make it impracticable for him to complete the unit. Consequently, the Tribunal concluded that Mr Vandenberk's circumstances did not amount to special circumstances as required by the Act.

The Tribunal affirmed the decision that Mr Vandenberk was not entitled to the re-crediting of his FEE-HELP debt.