VRQC and Secretary, Department of Education, Skills and Employment

This matter concerned an application by VRQC for a re-credit of a FEE-HELP debt, with the Secretary of the Department of Education, Skills and Employment as the respondent. The dispute centred on whether VRQC had applied for the re-credit within the prescribed application period and, if not, whether the period should be waived due to special circumstances. The decision was made by B. Pola SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether VRQC had established "special circumstances" as defined by section 104-30 of the relevant Act. This involved assessing whether the circumstances relied upon by VRQC were beyond her control, whether they had their full impact on or after the census date for the unit of study, and whether they made it impracticable for her to complete the unit's requirements within the study period. The Tribunal also considered whether the Disability Discrimination Act 1992 (Cth) conferred jurisdiction on the Tribunal to determine issues of discrimination.

The Tribunal reasoned that the Disability Discrimination Act 1992 (Cth) and the Australian Human Rights Commission Act 1986 (Cth) did not confer jurisdiction on the Administrative Appeals Tribunal to determine contraventions of the former Act. Consequently, the questions of law raised by VRQC, relating to discrimination, were not within the scope of the Tribunal's jurisdiction and therefore could not enliven the jurisdiction of the Federal Court. Regarding the claim for special circumstances, the Tribunal found that VRQC failed to satisfy any of the three limbs of the test under section 104-30. Specifically, the Tribunal determined that the failure to withdraw by the census date was not beyond VRQC's control, that her circumstances were impacting her prior to the census date, and that the evidence did not establish impracticability in completing her studies.

Accordingly, the Tribunal affirmed the decision under review, finding that VRQC had not established special circumstances warranting a waiver of the application period or a re-credit of the FEE-HELP debt.