One of the ANU students seeking orders for on-campus living agreements to be rendered "impossible" because they were locked down in Sydney due to COVID has admitted she stayed there despite being aware of the increased risks from the Delta variant.
Kate Aston's and Sigourney Vallis' statements of claims filed in the ACT Civil and Administrative Tribunal are seeking orders that their occupancy agreements with the ANU for accommodation at Burton and Garran Hall in the second half of 2021 were rendered impossible because of the pandemic.
Both students travelled to Sydney during the mid-year break when the spread of the Delta variant in NSW triggered a lockdown and the ACT-NSW border to be closed.
At the time, they contacted the hall to obtain a rent freeze, obtain a refund for the lockdown period, or end their occupancy agreements but were denied.
The university is disputing that the contracts were rendered impossible.
Major issues in the tribunal hearing, which began on Wednesday, include whether the students travelled while knowing the COVID risks and whether they did all they could to try to re-enter, including making inquiries with ACT Health about exemptions and quarantining.
During cross examination by Prue Bindon, barrister for the ANU, on Thursday, Ms Aston said she expected "a small risk" when she left to Sydney.
She admitted to staying there despite being warned about the escalated circumstances related to the Delta variant.
When asked a number of times about whether it was her view that the ANU refund her fees once the lockdown risk materialised, Ms Aston said it was more about the university creating "a plan for us and then not working".
Ms Bindon said it was ACT Health rather than the university that determined the public health directions, including entry requirements, but at no point did Ms Aston ever contacted the proper agency about trying to return.
The plaintiff was also examined about her inquiries to the hall, including that she did not apply for extenuating circumstances and whether she executed her right to terminate the agreement in which she would have had to pay only until a new occupant was found.
Ms Aston in September of that year cancelled her direct debit payments to the hall, but two months later she received a backdated charge for $2450.
When she was re-examined by her lawyer, Steven Whybrow SC, she said senior ANU leaders promised they would advocate for students' return.
She said, however, that she then never received any advice from the leadership team about identifying a pathway back to Canberra.
"I can say with quite a strong inclination that I would have taken up that pathway," when asked if she would have taken one if given.
On Wednesday during cross examination, co-plaintiff Ms Vallis said she accepted there being a risk that the Sydney area she stayed in could become an area of concern for the ACT government.
Other orders the plaintiffs are seeking include ANU paying them $11,500 in total.
They have been supported by a group of fellow students in the tribunal room during the hearing, which is expected to continue on Friday.
