(1) This procedure supports the University Student Appeals Policy by stating detailed requirements for appeals and review processes. (2) This procedure supports the University Student Appeals Policy and should be read alongside that policy. (3) If unsatisfied with the original decision-maker’s decision, students are encouraged to first ask the original decision-maker to informally review their decision. (4) If informal resolution is inappropriate or unsuccessful, a student who believes that there are grounds for contesting an outcome of a decision may submit an application for appeal. (5) An appeal application should always be addressed to the University Student Appeals Officer. (6) For an appeal to be considered, the appellant student must submit the appeal application to the University Student Appeals Officer no later than: (7) An appeal application must be in writing and must: (8) It is the responsibility of the appellant student to include any documents that are needed to meet the grounds of appeal and substantiate the appeal. (9) Late appeal applications will be rejected unless: (10) For each decision that may be appealed (see clause 16), the grounds for appeal are: (11) Notwithstanding clause 10, where there is new evidence available, the student may be required to apply through the original decision making process rather than submit an appeal. (12) Failure to read and act upon a notice or correspondence sent to the student’s University email or nominated primary email account are not grounds for an appeal. (13) A student may only submit an appeal on their own behalf, not on behalf of a group or any other student. Group appeals will not be accepted. (14) Graduates may not apply for review of, or appeal against, an academic decision that was made before their graduation. (15) Graduation from an award course will extinguish any existing or future right or avenue of review or appeal against an academic decision. (16) Where the grounds for appeal at clause 10 are met, the following decisions may be appealed under this procedure: (17) Assessment of the appeal application will commence within 10 business days of the appeal application being made. (18) If the student has submitted an appeal prior to receiving an initial decision, the appeal will be administratively withdrawn by the University Student Appeals Officer as an appealable decision has not been made. The student will be referred to the appropriate decision maker and process. (19) The University Student Appeals Officer may explore other means of resolution in cases where an agreeable negotiated solution is regarded as likely and/or a hearing by the appeals decision-maker is regarded disproportionate in terms of time and cost. (20) The appeals decision-maker or University Student Appeals Committee will meet to decide the appeal without the appellant student present unless: (21) An appeal will proceed to be heard or decided even if the appellant student does not: (22) An appellant student may withdraw their appeal application before the appeals decision-maker or University Student Appeals Committee hears or decides it. In this case: (23) The appeals decision-maker or University Student Appeals Committee: (24) The appeals decision-maker or University Student Appeals Committee must: (25) For an appeal on the ground of new evidence, the appeals decision-maker or University Student Appeals Committee will decide whether that ground is made out, and: (26) For an appeal on any other ground, the appeals decision-maker or University Student Appeals Committee will decide whether that ground is made out and: (27) The appeals decision-maker or University Student Appeals Committee may also decide that, although the ground of appeal is made out, the original finding should not be set aside, varied or replaced. In this case, it may allow the appeal but confirm the original finding. (28) The appeals decision-maker or University Student Appeals Officer will, as soon as practicable after the hearing of an appeal application, send the appellant student a notification stating: (29) The appeals decision-maker or University Student Appeals Officer is responsible for advising relevant staff, including the original decision maker/alleger, organisational units of the University, or officers of a club or society, of any action they need to carry out. (30) Staff members must carry out the actions they need to as advised by the appeals decision-maker or University Student Appeals Officer. (31) Where school staff are to take action in relation to penalties, the appeals decision-maker or University Student Appeals Officer will advise the head of the school and/or faculty staff responsible for managing the original decision, who will forward the advice to the relevant staff. (32) The Deputy Vice-Chancellor (Academic) or nominee will be the appeals decision-maker unless: (33) In such an event, the Deputy Vice-Chancellor (Academic) or nominee will appoint an appropriate member of the Vice-Chancellor's Leadership Team to act as the appeals decision-maker, mainly: (34) The appeals decision-maker will hear and decide all appeal applications unless, at the discretion of the appeals decision-maker, a University Student Appeals Committee is to be convened. (35) Where a University Student Appeals Committee is to be convened, the University Student Appeals Officer will be responsible for convening the Committee. (36) See University Student Appeals Committee – Membership and Terms of Reference. (37) If a clause in the University Student Appeals Policy or University Student Appeals Procedure states that there is no further avenue of review of or appeal against a decision within the University, then that decision cannot be the subject of any further review or appeal under any other internal rule, policy, procedure or process of the University. (38) This does not, however, preclude an appellant student from exercising any available right of review of the decision by a court, tribunal or other external body with the authority to review it. (39) A decision under the University Student Appeals Policy or University Student Appeals Procedure may be corrected where: (40) The appellant student must be notified of any correction made to a decision promptly following the discovery of that error, defect or omission. (41) If a student holds a student visa and the appeals decision-maker or University Student Appeals Committee does not overturn an original decision of suspension, exclusion or expulsion, in addition to clause 28, Student Administration will inform the student that: (42) In the University Student Appeals Policy or University Student Appeals Procedure, unless the context requires otherwise: (43) The University Student Appeals Policy and University Student Appeals Procedure will take effect on 1 June 2021. (44) If before the University Student Appeals Policy or University Student Appeals Procedure takes effect, a person or committee has begun hearing an appeal in relation to any of the aforementioned appealable decisions, the matter will continue to be dealt with under that rule, policy or procedure, until all processes in that rule, policy or procedure are finished or exhausted. (45) The University reserves the right to amend or rescind a part of or all of any clause within the University Student Appeals Policy or University Student Appeals Procedure at any time, in accordance with the Policy Framework Policy. If this occurs, the version that was in effect at the time of an appeal being submitted will remain current for that appeal application. (46) See University Student Appeals Guidelines, University Appeals Guideline – Students and University Appeals Guideline - Staff. (47) As defined in the University Student Appeals Policy.University Student Appeals Procedure
Section 1 - Purpose
Section 2 - Policy
Section 3 - Procedures
Seeking a review informally
Submitting an appeal
Grounds for appeal
Limitations
Decisions that may be appealed
Type of decision
Description
Original decision/related policy
Medals and Executive Dean's Awards Policy
Appeal process
Appeal decision
Notification of appeal decision
Appeals decision maker
University Student Appeals Committee
Section 4 - Miscellaneous
Meaning of no further avenue of review or appeal within the University
Administrative errors or omissions
Notification of external appeal avenue to international students
Interpretation
Savings and transitional provisions
Section 5 - Guidelines
Section 6 - Glossary
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a. Review of grade decision
A student must have an outcome of a review of grade decision before they are able to appeal. A substantive grade of pass or above cannot be appealed. If the student has had the review of grade request declined they may apply for an appeal.
b. Exclusion for unsatisfactory academic progress (coursework courses)
Students may appeal against a decision to exclude them for unsatisfactory academic progress and/or period of exclusion.
If a coursework student’s appeal under this clause has not been determined by the time the student has completed 75% of the current session, they must not be excluded until after the end of the session, if the student wishes to complete the subject.
c. Refusal of permission to undertake workplace learning
A student who has been refused permission to undertake workplace learning by the Executive Dean may apply for appeal.
d. Academic decisions in relation to HDR candidature
Higher degree by research candidates may appeal against a significant academic decision made by the University on their candidature, including a decision by:
e. Academic decisions in relation to honours candidature
Honours candidates may appeal against a significant academic decision made by the University on their candidature, including a decision by a:
f. Unsuccessful credit applications
A student who is dissatisfied with a credit decision may appeal the credit decision.
Where a student, after an unsuccessful credit application, obtains further documentation in support of their credit application, they are to re-submit a new and fresh credit application.
g. Learning abroad programs
A student who is unsuccessful in their application for, or has been suspended, excluded, or withdrawn from a Learning Abroad program may appeal the decision.
A student who is unsuccessful in their OS-Help or grant application, or is dissatisfied with a refund decision, may appeal the decision.
Where a student obtains further documentation in support of their Learning Abroad application, they are to resubmit a new and fresh OS-HELP, grant, or Learning Abroad application.
h. Enrolment and student fees
A student who is dissatisfied with a decision made under the provisions of the Enrolment and Fees Policy, Enrolment and Fees Procedure or International Student Fee Refund Procedure, may appeal the decision.
Decisions related to the loss of a Commonwealth supported place due to unsatisfactory academic progress made under the Enrolment and Fees Policy, Enrolment and Fees Procedure (Higher Education Support Act 2003) cannot be appealed.
i. Provider transfer refusal
An international student who is unsuccessful in seeking permission to transfer to another education provider before or during the first six months of their principal course may appeal the decision.
j. Student misconduct
A student who is found to have engaged in misconduct may appeal the decision.
There is no avenue of appeal within the University against:
k. Unsuccessful admission application
Applicants who are unsuccessful with an application for admission decision may appeal the decision.
Where an applicant, after an unsuccessful admission application, obtains further documentation in support of their admission application, they are to re-submit a new and fresh admission application.
l. Unsuccessful elite athlete applications
Students who are unsuccessful in their elite athlete, elite sports personnel or pre-elite athlete application, may appeal the decision.
m. Fitness for study
Where a student wishes to appeal an original decision made under the Fitness for Study Procedure.
n. University medals and Executive Deans Awards
Where a student wishes to appeal an original decision made under the Medals and Executive Dean's Awards Policy.
Note: For academic original decisions, all original decisions made prior to and including in session 1, 2021, will continue to be dealt with under that rule, policy or procedure, until all processes in that rule, policy or procedure are finished or exhausted.