• Section 1 - Purpose
• Section 2 - Scope
• Section 3 - Appointment of the Independent Reviewer
• Section 4 - General Provisions
• Section 5 - Revisions Made to This Policy
• Section 6 - Associated Information

Section 1 - Purpose

(1) This Policy provides for the appointment of an independent arbiter for the review of final decisions under the Student Appeals Policy or Student Complaints Policy, where students have exhausted all internal avenues of review or appeal and no external avenue exists.

Section 2 - Scope

(2) This Policy applies to situations where:

1. a student has exhausted all internal avenues of review or appeal under the Student Appeals Policy and the Student Complaints Policy; and
2. there is no external avenue of appeal, or complaint mechanism available to the student as legislated in the relevant State or Territory or at the Commonwealth level.

(3) The Independent Reviewer is the final avenue of review in respect of internal appeals and complaints. The Independent Reviewer will:

1. make determinations as to whether an error has occurred and request that the University reconsider or change an academic or administrative decision;
2. propose remedies to resolve matters that have resulted in an appeal or complaint; and
3. make observations on the University’s processes and/or recommendations to the University for improvement (if applicable).

(4) The Independent Reviewer will not make a decision on the academic merit of a student’s mark or grade for an assessment.

(5) The Commonwealth Ombudsman has jurisdiction over matters relating to ACU’s international students, excluding complaints about the quality of the education provider, under the Ombudsman Act 1976 (Cth).

Section 3 - Appointment of the Independent Reviewer

(6) The Independent Reviewer will be appointed:

1. by the Chair, Audit and Risk Committee on the recommendation of the Corporation Secretary for a 3-year term; and;
2. is eligible for reappointment where the successive terms would not exceed a period of 9 years.

(7)  The Independent Reviewer will be remunerated in return for services rendered to the University under this Policy in accordance with a separate agreement entered into between the University and the Independent Reviewer.

(8) Where the Independent Reviewer is unavailable for a period of more than 20 working days, the Corporation Secretary will appoint an acting Independent Reviewer.

Section 4 - General Provisions

(9) Unless the Vice-Chancellor and President otherwise directs, a student who has continued in their program of study or has been terminated and been allowed to remain enrolled under Section 11 of the Student Appeals Policy, may continue in their program of study:

1. while a final decision is pending on their request for an independent review lodged under this Policy; or
2. while a final decision is pending on their complaint lodged with the Commonwealth Ombudsman; or
3. where an external jurisdiction has made a legally binding order staying the implementation of a decision.

(10) The Executive Dean may prevent a student from enrolling in particular units until the final decision of the Independent Reviewer, the Commonwealth Ombudsman or the external jurisdiction is notified to the student.

(11) Nothing in this Policy affects the right of a student to access any other appeal/complaint mechanism or legal right available to them as legislated in the relevant State or Territory or at the Commonwealth level.

(12) There is no fee to lodge a request for review of an appeal or complaint with the Independent Reviewer.

Section 5 - Revisions Made to This Policy

(13) The revision table includes revisions up until this document was migrated into the current policy platform. Any later changes will show in the Status and Details tab.

Section 6 - Associated Information

(14) For related legislation, policies, procedures and guidelines and any supporting resources please refer to the Associated Information tab.