Division 1. Application
18. Grounds for appeal
1. A person may apply to the University Secretary to appeal the decision of a review officer.
2. An application to appeal must be on one or more of the following grounds—
a. that there is relevant evidence that—
i. was not taken into consideration by the review officer; and
ii. which could not have been known by the person prior to the review;
b. that the decision was manifestly wrong
c. a procedural irregularity occurred which may have affected the review officer's decision
d. that a penalty imposed on the person was manifestly excessive;
e. that the review officer failed to make a decision within the time required by regulation 16(1).
3. An application to appeal must be—
a. in writing in the form set out in Schedule 2;
b. subject to subregulations (4) and (5), lodged within 21 working days after the person was notified of the decision.
4. For the purposes of an appeal under subregulation (2)(d), the review officer is deemed to have affirmed the reviewable decision.
5. The University Secretary may accept a late application for appeal, taking into consideration—
a. how late the application is;
b. the reasons why it is late;
c. whether the delay has caused prejudice or will have an adverse effect on University administration.
19. Decision by University Secretary
1. The University Secretary must commence consideration of the application within 10 working days after the application is lodged.
2. The University Secretary must determine the application informally and without conducting an oral hearing.
3. Following consideration of the application, the University Secretary must decide—
a. to disallow the application, for reasons stated in writing;
b. to refer the issue back to the head of the academic unit or corporate unit in which the decision was made for reconsideration by the appropriate person or body;
c. to allow the application and refer the application for consideration by an appeals panel.
4. The University Secretary must, as soon as is practical, provide notification of the decision and, if the application is disallowed, the reasons why it is disallowed to—
a. the applicant;
b. the academic unit or corporate unit; and
c. the Registrar.
5. If the University Secretary refers an issue to the head of the academic unit or corporate unit in which the decision was made for reconsideration—
a. the appropriate person or body must, within 21 working days after the referral, reconsider the decision and notify the applicant, the head of the academic unit or corporate unit, the Registrar and the University Secretary of the outcome of that reconsideration; and
b. the University Secretary must, after being notified of the outcome of the reconsideration, confer with the applicant as to whether the applicant wishes to proceed with the application.
Division 2. Appeal hearings
20. Application of this Division
This Division applies where the University Secretary allows an application under regulation 19.
21. Reference to an appeal panel
1. The University Secretary must, within 10 working days after allowing an application, refer the application to an appeal panel.
2. An appeal panel must comprise not more than three persons, including—
a. at least two University staff members appointed by the University Secretary; and
b. if it is practicable, taking into consideration availability and time constraints, not more than one student appointed by the University Secretary.
3. A University staff member appointed under subregulation (2)(a) must not be—
a. a person who works in the academic unit or corporate unit in which the reviewable decision was made; or
b. a person who was a member of a mediation panel appointed under regulation 17 in relation to the reviewable decision.
4. The University Secretary must appoint one of the appeal panel appointed under subregulation (2)(a) to be the chair of the panel.
5. The University must provide administrative support to appeals panels.
1. An appeal may be determined with or without an oral hearing.
2. A hearing may be conducted in any format considered appropriate by the University Secretary.
3. In deciding whether an appeal is to be determined with or without an oral hearing, the University Secretary may take into consideration—
a. whether the parties are able to participate in an oral hearing within a reasonable time;
b. whether an oral hearing would unnecessarily subject a party or a witness to stress; and
c. any other relevant factor.
4. The chair of an appeals panel, in consultation with the University Secretary, must decide how the appeal is to be conducted.
5. At an appeal in relation to penalty, the appeal panel must consider only the question of penalty.
1. Following consideration of an appeal, an appeals panel must decide to—
a. disallow the appeal, for reasons stated in writing; or
b. to allow the appeal and—
i. if the appeal is in relation to penalty, substitute a different penalty; or
ii. in any other case, substitute its decision for the original decision.
2. When making a decision the appeals panel may include recommendations arising from the consideration of the appeal, including recommendations for—
c. corrective or other measures that should be taken.
3. The chair of an appeals panel must, as soon as is practicable after a decision is made, advise the applicant, the relevant academic unit or corporate unit and the Registrar of—
a. the decision and the reasons for it; and
b. (in the case of the notification to the applicant) the applicant’s right to apply for external review of the decision.