Yu and Secretary, Department of Education

This matter concerned an application for remission of a HECS-HELP debt by the Applicant, who had enrolled in a full-time course load of four units but only satisfactorily completed three. The Applicant sought remission for the one unit not satisfactorily completed, citing mental health challenges experienced during the relevant period. The decision was made by Mr A Maryniak KC, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the Applicant's circumstances constituted "special circumstances" for the purposes of HECS-HELP debt remission, specifically whether these circumstances were beyond the Applicant's control and made it impracticable for them to complete the requirements of the unit. The Applicant contended that their mental health deteriorated significantly after the census date for the unit, impacting their ability to study.

The Tribunal found that while the Applicant experienced mental health challenges, these were not entirely beyond their control in the relevant sense. The Applicant unilaterally altered their medication regimen without consulting medical professionals, and concealed their deteriorating mental health from these professionals until after the census date. The Tribunal concluded that this self-treatment was a decision for which the Applicant was solely responsible, and that they would have been aware of the significant risks associated with such actions given their mental health history. Furthermore, the Tribunal rejected the assertion that it was impracticable to complete only the one unit when the Applicant concurrently and successfully completed the other three units, noting the contemporaneous evidence of their ability to study.

The Tribunal affirmed the decision under review, meaning the Applicant's application for HECS-HELP debt remission was not granted.