ZBNL and Secretary, Department of Education and Training

This matter concerned an application by ZBNL for remission of a HECS-HELP debt, with the Secretary of the Department of Education and Training as the respondent. The applicant sought to have her enrolment in two university units considered under "special circumstances" to allow for remission of the debt. The Administrative Appeals Tribunal was tasked with determining whether these circumstances met the legal threshold for remission.

The central legal issue before the Tribunal was whether the applicant qualified for remission of her HECS-HELP debt under subsection 36-20(1) of the relevant Act, specifically by demonstrating "special circumstances" as defined by section 36-21. This required the Tribunal to assess if the applicant's circumstances were beyond her control, did not fully impact her until on or after the census date, and made it impracticable for her to complete the unit requirements during the period of study.

The Tribunal considered the applicant's evidence regarding her mental state, a potential domestic violence threat from her landlord, and her awareness of a time clash between the two units. Despite acknowledging the applicant's intelligence and the difficulties she faced, the Tribunal found that the evidence did not satisfy the criteria for special circumstances. Specifically, the applicant had enrolled knowing of the time clash, had not attended classes or submitted assessments prior to the census date, and had not sought extensions despite having an Access Plan. The Tribunal concluded that the circumstances presented did not meet the statutory definition of "special circumstances" as they were not beyond her control in a way that made completion of the units impracticable after the census date.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant's application for remission of her HECS-HELP debt was not granted.