Remission in Special Circumstances
Students who withdraw from their studies after the census date can apply in certain circumstance, in accordance with HESA, to have their:
- FEE-HELP balance re-credited;
- HECS-HELP debt remitted;
- An up-front payment of a student contribution or full fee tuition costs remitted.
Special Circumstances include circumstances that:
- were beyond the student’s control;
- did not make their full impact on the student until on, or after, the census date; and
- made it impracticable for the student to complete the requirements for the unit in the period during which the student undertook, or was to undertake, the unit.
Special Circumstances do not include circumstances that were for example:
- lack of knowledge of the enrolment system of the University;
- lack of knowledge or understanding of requirements of the HELP loan scheme; or
- a student’s incapacity to repay a HELP debt, as repayments are income contingent and the person can apply for a deferral of a compulsory repayment in certain circumstances.
A student cannot apply for a remission if they have successfully completed the unit. A student who receives a fail grade is considered not to have successfully completed the requirements of the unit.
Applications must be made, in writing, within 12 months of the withdrawal date, or if the student has not withdrawn, within 12 months of the end of the period of study in which the course was taken. In exceptional circumstances the University may consider applications for a period of not more than 24 months.
Supporting documentation will need to be provided by the student in support of their application.
Applications are available for download here: Application for Remission of Debt in Special Circumstances.
Please contact the Student Financials & Scholarships office at firstname.lastname@example.org for further information.
Once the application has been assessed the student will be formally advised of the decision. If the application has been declined the student has the right to appeal to the University for a review of their application. The student may be required to supply further information.
Appeal of Decision - Application for Remission in Special Circumstances
Students whose application for remission has not been successful may appeal to the University for a reconsideration of the decision not to re-credit or remit.
An appeal for reconsideration of decision must be lodged within 28 days from the day the student first received the notice of the decision. The student must state the reason why they are applying for reconsideration.
The appeal needs to be in writing and addressed to the University appointed Review Officer:
c/- Student Financials & Scholarships
Student Services Building
The University of Newcastle
Callaghan NSW 2308
Once an appeal has been received by the University the student will receive an official acknowledgement of receipt. If the student is Commonwealth supported or is supported by FEE-HELP the confirmation letter will set out the student’s options for appeal to the Administrative Appeals Tribunal (AAT) for a further review of the decision if they are unsatisfied with the outcome of the appeal. The letter will also contain details of the nearest AAT and the approximate cost of an appeal to the AAT.
The appeal will be considered by an independent Review Officer of the University. The student will be notified in writing of the Review Officer’s decision and the reasons for making the decision. The Review Officer is able to confirm the original decision, vary the decision, or set the decision aside and substitute a new decision.
If the student is Commonwealth supported or is supported by FEE-HELP, the Review outcome letter will advise the student of the right to appeal to the Administrative Appeals Tribunal (AAT) for a further review of the decision if the student is unsatisfied with the outcome. The letter will contain details of the nearest AAT and the approximate cost of an appeal to the AAT.
If the student has not received a response from the University with regard to the appeal within 45 days of lodging it, the Review Officer is taken to have confirmed the original decision.
Review by the Administrative Appeals Tribunal (AAT)
Commonwealth supported and FEE-HELP students may make an application to the AAT for a review of the University’s decision to refuse to re-credit or remit and may supply additional information to the AAT to support their review application. Applicants may provide additional information to the AAT that they did not previously provide to the University in support of their original appeal. A standard fee for an appeal with AAT is currently $777AUD; this may be subject to change.
The University of Newcastle recommends students who are considering lodging an appeal with the AAT contact their nearest AAT office or visit the AAT website for fees and application details.
New South Wales contact for AAT:
Administrative Appeals Tribunal
55 Market Street
SYDNEY NSW 2000
Phone: 02 9391 2400
For further information: http://www.aat.gov.au