106LPower of Secretary to remit debt in special circumstances

#### 106L Power of Secretary to remit debt in special circumstances (1) The Secretary may, in writing, remit the whole or part of a person’s HEC semester debt or PELS semester debt if: (a) the person has not completed the course requirements for his or her course of study in respect of a semester during the semester or during the year in which the semester occurred; and (b) the Secretary is satisfied that special circumstances apply to the person (see subsection (3)); and (c) the person applies in writing to the Secretary for remission of the debt within 12 months after the person’s withdrawal day in relation to a unit in the person’s course of study for the semester (see subsection (3B)). (2) The Secretary may, in writing, remit the whole or part of a person’s BOTP study period debt or OL study period debt if: (a) the person has not completed the BOTP course, or one or more of the units of study, for which he or she was enrolled for the study period; and (b) the Secretary is satisfied that special circumstances apply to the person (see subsection (3); and (c) the person applies in writing to the Secretary for remission of the debt within 12 months after the person’s withdrawal day in relation to the BOTP course, or a unit of study, in which the person was enrolled for the study period (see subsection (3B)). (3) For the purposes of this section, special circumstances, in relation to a person, include circumstances that the Secretary is satisfied: (a) are beyond the person’s control; and (b) do not make their full impact on the person until on or after the census date for the course of study for the semester or the study period (as the case requires); and (c) make it impracticable for the person to complete the course requirements for the course of study for the semester during the semester or during the year in which the semester occurs, or the units of study for which he or she was enrolled for the study period (as the case requires). > Note: For meaning of census date, see sections 34 (HECS) and 99 (OLDPS). (3A) The Secretary may issue guidelines relating to circumstances in which the Secretary will be satisfied of a matter referred to in paragraph (3)(a), (b) or (c). A decision of the Secretary under subsection (1) or (2) must be in accordance with any such guidelines. (3B) For the purposes of this section, a person’s withdrawal day, in relation to a unit in a course of study for a semester, or a BOTP course, or a unit of study, for a study period, is: (a) if the person: (i) has incurred a semester debt for the course of study for the semester; and (ii) withdraws his or her enrolment in respect of the semester for the unit of study; and (iii) the institution at which the person was enrolled gives notice to the person that the withdrawal has taken effect; the day specified by the institution in the notice as the day the withdrawal takes effect; or (b) if: (i) the person has incurred a semester debt for the course of study for the semester; and (ii) paragraph (a) does not apply to the person; and (iii) the person does not complete the course requirements for the course of study for the semester during the semester or during the year in which the semester occurred; the last day of the semester; or (ba) if the person: (i) has incurred a BOTP semester debt for the BOTP course; and (ii) withdraws his or her enrolment for the course for the study period; and (iii) the institution at which the person was enrolled gives notice to the person that the withdrawal has taken effect; the day specified by the institution in the notice as the day the withdrawal takes effect; or (bb) if: (i) the person has incurred a BOTP semester debt; and (ii) paragraph (ba) does not apply to the person; and (iii) the person does not complete the BOTP course for which he or she was enrolled for the study period; the last day of the study period; or (c) if the person: (i) has incurred an OL study period debt for the unit of study; and (ii) withdraws his or her enrolment for the unit of study for the study period; and (iii) the Agency gives notice to the person that the withdrawal has taken effect; the day specified by the Agency in the notice as the day the withdrawal takes effect; or (d) if: (i) the person has incurred an OL study period debt; and (ii) paragraph (c) does not apply to the person; and (iii) the person does not complete the unit of study for which he or she was enrolled for the study period; the last day of the study period. (4) On receiving an application, the Secretary must as soon as practicable consider the matter to which the application relates and notify the applicant of the decision on the application. (5) The notice of the decision must include: (a) a statement of the reasons for the decision; and (b) a statement to the effect that: (i) if the applicant is dissatisfied with the decision of the Secretary the applicant may, within 28 days of receiving the notice, apply under section 106M for reconsideration of the decision; and (ii) if the applicant is dissatisfied with the decision on the reconsideration, the applicant may, subject to the Administrative Review Tribunal Act 2024, make application to the Administrative Review Tribunal for a review of the decision on the reconsideration. (6) A failure to comply with subsection (5) does not affect the validity of the notice or of the decision notified. (7) If the Secretary remits the whole or a part of a semester debt, the Secretary must give to the Commissioner written notice setting out: (a) the name of the person whose debt is remitted; and (b) the amount remitted; and (c) any other particular that the Commissioner reasonably requires.