Student Administration Regulations 2013

The Vice-Chancellor makes the following Regulations:
Dated: 19 December 2013

Chapter 1. Preliminary

1. Objective

The objective of these Regulations is to provide for the administration of student affairs at the University that is—

  1. student-centred;
  2. fair;
  3. consistent;
  4. focussed on quality; and
  5. compliant.

2. Authorising provision

These Regulations are made under the Academic and Student Affairs Statute 2012 and sections 28, 29 and 30 of the Swinburne University of Technology Act 2010.

3. Definitions

In these Regulations—

course means academic course;
rules , in relation to an examination, includes instructions set out on examination materials;
unit means a coherent set of learning activities which—

  1. in the case of a higher education unit has been—
    1. approved by the Academic Senate; and 
    2. assigned—
      1. a unit code; and
      2. a credit point value;
  2. in the case of a vocational education unit has been—
    1. approved by the Academic Senate or the relevant national or State training authority; and 
    2. assigned a unit code.

Note
For the purposes of this definition, 0 (zero) is a credit point value.


Chapter 2. Administration of Enrolment

Part 1. The Enrolment Process

Division 1. Enrolment responsibility

4. Completion of enrolment

  1. Enrolment is the administrative act of enrolling students who have been admitted to the University.
  2. An applicant must complete enrolment not later than the date specified by the University.
  3. Enrolment is not complete until all fees associated with enrolment have been paid.

5. Disclosure of previous suspension or exclusion

A student must, at the time of application and before enrolment, disclose to the University if he or she has been excluded or suspended from an educational institution for academic or non-academic reasons.

6. Maintenance of enrolment data

A student must inform the University immediately if —

  1. the student becomes aware of an error in enrolment data held by the University;
  2. personal details change.

Division 2. Enrolment requirements

7. Cut-off date for addition of units

The University may set a date in each teaching period after which the addition of units in that teaching period requires permission.

8. Courses requiring work placement checks

  1. If a work placement is part of the assessment or requirements for a course—
  2. students may be required to obtain a favourable regulatory check before enrolment in the course or unit or before undertaking the placement;
    Example
    A student may be required to obtain a Police Check or Working with Children Check or provide confirmation that he or she is a fit and proper person.
  3. it is the student’s responsibility to be aware of the need for and arrange and pay for the required regulatory check;
  4. the University is not obliged to organise a work placement for a student who fails to obtain a favourable regulatory check.

9. Enrolment in a unit

  1. A student who is enrolled in a course must enrol in units that form part of that course.
  2. A student may be refused enrolment if that unit has reached its allowable capacity of students.
  3. It is the responsibility of a student to ensure that units he or she chooses meet the requirements of the course.
  4. A student enrolled in a course must not enrol in a unit that does not meet course requirements, unless allowed by the University.
  5. If a student is not enrolled in a unit or course, the student must not, in that unit or course—
    1. attend classes, receive tuition or instruction; or
    2. submit himself or herself for assessment, or participate in an assessment process.

Division 3. Student Identity Cards

10. Student identity cards

  1. The University may issue student identity cards to students, other than—
    1. students enrolled in a single subject;
    2. students in cohorts or classes specified by the University.
  2. A student identity card is issued for the purpose of enabling the student to access University services and facilities, as determined by the University.
  3. A student must not use a student identity card other than for the purposes for which it is issued, and in accordance with the specified conditions of use.

Division 4. Confirmation of enrolment

11. Student responsibility

  1. It is a student’s responsibility to—
    1. ensure that he or she is correctly enrolled in each teaching period;
    2. ensure that information on the University’s records is complete and correct;
    3. ensure that units in which the student enrols are part of the course in which the student is enrolled;
    4. notify the University of any change of name, address or other data recorded on the student information system;
    5. at the time of each enrolment session, ensure that all personal data on the University’s records is correct;
    6. if the student wishes to request support for a known disability, advise the University of that disability and make a request for support;
    7. ensure that the University has a record of current contact details and personal information;
    8. read and act upon, as appropriate, all notices and correspondence (written or electronic) from the University.
    Note
    Under section 44 of the Governance and Administration Statute 2012 notice may be given by sending to the address shown on the student’s record on the date of sending or emailing to the student’s University email account.
  2. It is not a ground for review or appeal against a University decision that a student has been detrimentally affected by—
    1. an inadequacy of University records which results from failure to comply with this regulation; (b) a failure to read and act upon, as appropriate, a notice or correspondence from the University.
  3. An international student or international applicant must notify the University immediately if he or she becomes a permanent resident or citizen of Australia.

Division 5. Amendment to enrolment

12. Withdrawal from a course

  1. A student may cancel his or her enrolment in a course by—
    1. complying with the withdrawal from course requirements set by the University; 
    2. obtaining the University’s approval for the withdrawal.
  2. If a student withdraws from a course after the applicable census date for the teaching period, the University may—
    1. assign fail grades;
    2. retain all fees associated with the student’s enrolment, including—
      1. tuition fees;
      2. amenities fees;
      3. services fees;
      4. administrative fees;
      5. materials fees;
      6. other fees.
  3. The University may waive the imposition of fail grades or financial consequences if it is satisfied that there were exceptional circumstances.

Part 2 . Continuity of Enrolment

13. Maintaining continuity of enrolment

  1. Subject to sub-regulation (3), a student must maintain continuous enrolment from one teaching period to the next in units that form part of the course.
  2. In this regulation, one teaching period to the next refers to the normal sequence of teaching periods, including semester to semester and trimester to trimester.
  3. A student’s continuity of enrolment is unaffected if he or she obtains approval for a leave of absence covering any teaching period in which enrolment is not maintained.

14. Failure to maintain continuity of enrolment

  1. If a student does not maintain continuity of enrolment the student loses the following rights—
    1. the right to specified student contribution rates; 
    2. subject to sub-regulation (3), the right to a place in the course.
  2. A student to whom sub-regulation (1)(b) applies has no right to enrol in units in the course without first being granted, on application, re-admission to the course.
  3. The University may permit a student to remain in a course without applying for re-admission if the break in enrolment is for a period of no longer than 12 months.

Part 3. Refusal or cancellation of Enrolment

15. Grounds for refusal or cancellation

  1. The University may refuse or cancel a student’s enrolment or refuse to allow a student to participate in a unit or other course component if—
    1. the student has enrolled, or is attempting to enrol, in a unit that is not approved for the student’s course or year of study; 
    2. the unit has reached its allowable capacity of students; 
    3. the student is a subsidised or specially funded student and the maximum number of subsidised or specially funded units has been reached; 
    4. the unit is withdrawn from offer as a result of a University decision;
      Example
      The University might decide to withdraw a unit due to low enrolment numbers.
    5. the student is found to have failed a requisite or conditional enrolment requirement; 
    6. the student has failed the unit on two previous occasions; 
    7. it has been determined that a reduced study load or an enrolment in specific units is required as part of the result of an unsatisfactory progress decision; 
    8. the University considers that the student is unsuitable to undertake the unit or component or that refusal or cancellation should otherwise occur in the interests of the University or of the student. 
      Example
      The University might consider a student to be unsuitable for health and safety reasons. 
      Note The Academic Courses Regulations 2013 also provide for the withdrawal of offers and cancellation of admission and enrolment.
  2. The University may refuse or cancel a student’s enrolment at the University if—
    1. the student has provided false, misleading or fraudulent information in relation to an application for admission or an application for academic credit; 
    2. the student has committed student misconduct and the sanction includes refusal or cancellation of enrolment or exclusion; 
    3. the student has failed to comply with requirements of the Higher Education Support Act 2003
      Example
      A student fails to lodge a Commonwealth Assistance (CAF) form or a Tax File Number.
    4. the student has failed to pay applicable fees or charges by the applicable date; 
    5. it has been determined that the student should be excluded as part of an unsatisfactory progress decision; 
    6. the student has been terminated from the course and is not entitled to be enrolled;
      Example
      A student who has failed to achieve satisfactory course progress might be terminated under this provision.
    7. the University considers that the student is not a genuine student; 
    8. the University determines that it is necessary or reasonable to do so in order to fulfil regulatory or administrative requirements or guidelines; 
    9. the University considers that refusal or cancellation should occur in the interests of the University or of the student. 
      Example
      The enrolment of a deceased student might be cancelled under this provision.

Chapter 3. Fees

Division 1. Applicable fees, charges and penalties

16. Obligation to pay fees set by the University

All students undertaking studies are required to pay the fees set by the University, on or before the due date.

17. Consequences of failure to pay

  1. Subject to Commonwealth and State regulatory requirements, the University may, without notice, cancel the enrolment of a person who fails to comply with regulation 16.
  2. Where a person’s enrolment is cancelled under sub-regulation (1)—
    1. the person is excluded from attendance at classes;
    2. the person is excluded from participation in any other University activity;
    3. the person is excluded from access to University services and facilities;
    4. any offer of a place in a course, and any offer of a place in student residence, lapses.
  3. A student is not entitled to repayment of fees and charges or any other payment by reason of—
    1. exclusion from classes;
    2. exclusion from participation in any other University activity;
    3. exclusion from access to University services or facilities.

18. Tuition fees and student contributions

  1. The following tuition fees and student contributions are applicable to students—
    1. for domestic higher education students – tuition fees and student contributions to higher education in accordance with the applicable Commonwealth legislation; 
    2. for domestic vocational education students – applicable State Government fees and charges and fees set by the University; 
    3. for international students – fees set by the University in accordance with agreements made between the students and the University in accordance with applicable Commonwealth legislation; 
    4. for students who are not liable to pay a student contribution amount for a teaching period or a unit – tuition fees specified by the University.
      Example
      A student may be an incoming exchange student or enrolled in a fee paying unit or course.
  2. A student who is liable for a student contribution amount must submit a Commonwealth assistance form specifying the method for payment of the contribution—
    1. when the student first enrols at the University; 
    2. when the student changes to another course; 
    3. if the student elects to pay the contribution by another method.

19. Other fees, charges and penalties

In addition to tuition fees and student contributions, a person is liable to pay applicable fees, charges and penalties.

Division 2 . Setting of fees, charges and penalties

20. Categories of fees, charges and penalties

  1. The University may determine fees, charges and penalties for the purposes of these Regulations.
  2. The fees, charges and penalties may include—
    1. enrolment fees;
    2. services and amenities fees;
    3. materials fees;
    4. ancillary fees;
    5. cancellation charges;
    6. incidental fees;
    7. course and unit tuition fees;
    8. recognition of prior learning assessment fees;
    9. assessment of exemptions fees;
    10. late payment charges;
    11. administrative charges;
    12. penalties for failure to comply with University legislation.
  3. The University may impose different fees, charges and student contribution amounts for different categories of students.

21. Publication of fees, charges and penalties

  1. The University must publish its fees, charges and penalties.
  2. However, failure to publish a fee, charge or penalty does not affect the—
    1. the validity or effect of the determination;
    2. the obligation of a person to pay the fee, charge or penalty, or the consequences of the person not doing so.

22. Withholding of results &c

  1. If a person has outstanding applicable fees, the University may—
    1. withhold the person’s results, including for individual items of assessment;
    2. withhold the person’s testamurs or academic transcripts;
    3. exclude the person from graduating.

Note
Section 25 of the Academic and Student Affairs Statute 2012 provides that the regulations may provide for the withholding of assessment or examination results, withholding of testamurs or academic transcripts and exclusion from graduation of persons who have outstanding fees, fines or penalties under University legislation.

23. Exemptions and discounts

  1. The University may—
    1. exempt students from paying some or all fees, under scholarship or other schemes;
    2. provide discounts for students who make early payments.

Division 3. Fees on Exemptions

24. Fee liability

  1. If a student is granted an exemption for a unit in which the student is enrolled after the census date, he or she is liable for the applicable student contribution or fees.
  2. If a student is granted an exemption for a unit before the census date, he or she is eligible for a refund of the applicable student contribution or fees.

25. Fees: recognition of prior learning

  1. An application fee may be charged for recognition of prior learning.
  2. An hourly fee may be charged for recognition of prior learning.
  3. Fee applicable to recognition of prior learning are payable whether or not the application and recognition are successful.

26. Cancellation and refunds

  1. The University may retain a proportion of contribution amounts or fees as a charge for cancellation of enrolment, and may impose different cancellation fees for different categories of students.
  2. A student who withdraws from enrolment in a unit or units must apply by the date specified by the University for a refund of contribution amounts or fees.

Chapter 4. Conduct of Examinations

27. Administration of examinations

  1. The University must make appropriate arrangements for the administration of examinations.
  2. The University may arrange for examinations to be administered by external agencies.

28. Examination periods

  1. The University must set aside a period, during each teaching period, for the conduct of official examinations.
  2. Examinations may be held on any day of the week, including public holidays.
  3. Examinations may be held at any time of the day, including evenings.

29. Viewing of examination scripts

  1. A student may apply to the University for access to—
    1. his or her examination script;
    2. marks for each question.
  2. An application must be made after release of the final results in the unit and not later than the date specified by the University.
  3. The University may grant access in the form of perusal of the documents under supervision.

30. Examination supervisor

  1. The University must ensure that an examination supervisor is appointed in respect of each examination.
  2. For the purposes of University legislation, an invigilator is an examination supervisor.

31. Examination rules and directions

A student must comply with—

  1. directions given by the examination supervisor;
  2. directions displayed in the examination room;
  3. instructions set out on the examination materials.

Note 
Under regulation 4 of the Student Academic Misconduct Regulations 2012 it is academic misconduct to cheat in relation to an examination or to fail to comply with examination rules or directions.


Chapter 5. Results

32. Release of results

Subject to University legislation, the University must give notification to students of results for assessment and units.

Note 
Under regulation 22 the University may withhold a person’s assessment or examination results if he or she has outstanding applicable fees.

33. Results certificates and academic transcripts

  1. Subject to University legislation, the University must provide continuing students with a results certificate each teaching period.
  2. Subject to University legislation, on payment of the appropriate fee, the University may provide to a person his or her official academic transcript.

Note 
Under regulation 22 the University may withhold a person’s academic transcript if he or she has outstanding applicable fees.


Chapter 6. Graduation

34. Testamurs

  1. A student who graduates from an award course is entitled to receive a testamur, subject to University legislation.
    Note
    Under regulation 22 the University may exclude a person from graduating if he or she has outstanding applicable fees.
  2. Subject to University legislation, a testamur must bear—
    1. the graduand’s full name; 
    2. the name of the award, including reference to any honours class or distinction; and 
    3. such other words or images as the University determines.
    Note
    Under regulation 4 of the Qualifications and Awards Regulations 2012 the wording for testamurs must comply with the wording and style set by the Academic Senate and the requirements of the AQF.

35. Graduand's name on testamur

For the purposes of determining the name to appear on a testamur, the University may require a graduand to produce evidence to the satisfaction of the University about his or her name.

36. Replacement testamur

  1. A graduate may apply for a testamur to replace a testamur which is damaged, lost or destroyed.
  2. The University may provide a replacement testamur if the applicant—
    1. produces the damaged testamur or provides evidence to the satisfaction of the University that the testamur has been lost or destroyed; 
    2. provides other information or documents as reasonably required by the University;
    3. pays the appropriate fee.

Chapter 7. Academic Calendar

  1. The University must approve and publish an academic calendar for each year.
  2. The academic calendar must set the dates for—
    1. teaching periods;
    2. examination periods;
    3. census dates.