(1) This Procedure is governed by the Student Appeals Policy. (2) To ensure that the conduct of a review or appeal can be procedurally fair, a student’s application for review or appeal must state the grounds on which their application is made, document their case in full and provide all relevant evidence. (3) When handling an application for review or appeal, the responsible officer or committee must proceed in a manner that is procedurally fair. The responsible officer or committee will: (4) A student must be given the opportunity to attend any hearing of a University Appeals Committee. (5) Failure of the student and/or the student’s support person to meet for discussion of any request for review or any appeal or to appear before any University officer or committee, at the time notified to them, will not prevent the relevant officer or committee from proceeding to investigate and determine the matter. (6) Schools must maintain a lodgement email account with the common naming convention: SchoolLocation.appeals@acu.edu.au (7) Any formal application for review or appeal should be lodged by the student within 20 working days of notification of any decision in respect of which the application for review or appeal is lodged. (8) A formal application for review or appeal must: (9) An application which does not satisfy the grounds for review or appeal will be dismissed. (10) As identified in clause (7) of the Student Appeals Policy, no new evidence or grounds for appeal based on such evidence, may be submitted during an appeal process, unless: (11) An application for formal review of a decision should be submitted on an Application for Review under Student Appeals Policy form by email to the relevant School's Student Appeals Lodgement Email Addresses or the Manager in the relevant organisational unit. (12) Schedule 1 of this Procedure identifies matters that may give rise to a review or appeal, and the responsible officers for each level of the process. (13) A student must complete the review process and then exhaust any lower level of appeal before proceeding to the next higher level. (14) A procedural appeal against a review decision of a senior officer conducted under Section 6 of this Procedure should be submitted on an Application for Appeal under Student Appeals Policy form by email to: (15) Resubmission of the original case for review as an application for procedural appeal without stating how the Student Appeals Policy and/or this Procedure have not been followed during the formal review will not normally be accepted. (16) An appeal to the University Appeals Committee must be submitted on an Application for Appeal under Student Appeals Policy form by email to the Academic Registrar's Student Appeals Lodgement Email Addresses or by mail to PO Box 968 North Sydney NSW 2059. (17) Consistent with clause (10) of this Procedure, failure by the student to make available to any stage of a review or appeal all relevant material reasonably available at the time is not adequate grounds for appeal against the decision on that application. (18) In any case where a student’s application for review or appeal includes specific allegations against the conduct of a member of staff which might be in contravention of the Code of Conduct for Staff, the officer receiving the application should refer to the relevant Executive Dean, or Academic Registrar, for a decision as to whether the matter should be considered under the Student Appeals Policy, the Student Complaints Policy or the relevant People and Capability policy. (19) A School, organisational unit or reviewing officer may undertake a preliminary assessment of an application for review. Any preliminary assessment must be undertaken within 5 working days of receipt of the application and will be limited to whether: (20) Where the application for review has been assessed as complete, the application will proceed to formal review in accordance with Section 5 of this Procedure. (21) Where the application for review has been assessed as incomplete in clause (19) of this Procedure, the student will be granted 5 working days to provide further information and/or documentation. (22) If the application remains incomplete following the request for further information and/or documentation, a recommendation can be made to the relevant senior officer that the review or appeal should be dismissed. (23) On receipt of the recommendation from the preliminary assessment, the senior officer may: (24) Any formal review will be conducted in accordance with the procedural fairness and conduct of proceedings provisions of Section 2 of this Procedure. (25) A reviewing officer may consider an application for review which has not been lodged within 20 working days from the date of notification of the decision where there is evidence of compassionate or compelling circumstances which demonstrates that the student could not submit the application within the 20 working days. (26) The reviewing officer, or nominee, will conduct the review. If that officer had previously been involved in the decision to which the review relates, the material will be referred to another staff member or other appropriate person nominated by that officer’s supervisor. (27) Within 10 working days of receipt of the application for formal review: (28) The reviewing officer, or nominee may: (29) The reviewing officer, or nominee may seek advice from other relevant staff and/or access advice and/or expertise from such other person(s) as they deem appropriate. (30) The reviewing officer will provide a report to the senior officer documenting the review to date together with a recommendation for decision. The senior officer is usually the Head of School, or equivalent, or Senior Manager in the relevant organisational unit. (31) Following receipt of the reviewing officer’s report, the senior officer will consider: (32) The senior officer will determine whether the review is: (33) The senior officer will notify the student of the decision in accordance with Section 9 of this Procedure. (34) Any procedural appeal will be conducted in accordance with the procedural fairness and conduct of proceedings provisions of Section 2 of this Procedure. (35) An Executive Dean or Director may consider an application for procedural appeal which has not been lodged within 20 working days from the date of notification of the decision where there is evidence of compassionate or compelling circumstances which demonstrates that the student could not submit the application within the 20 working days. (36) Within 10 working days of receipt of the application for procedural appeal: (37) The Executive Dean or Director may conduct the appeal solely on the basis of the application and any material accompanying it, but may conduct any further investigations as the Executive Dean or Director considers appropriate. (38) The Executive Dean or Director may seek advice from other relevant staff and/or access advice and/or expertise from such other person(s) as they deem appropriate. (39) If the Executive Dean or Director considers that the student’s appeal does not satisfy the grounds for appeal set out in Section 6 of the Student Appeals Policy, or does not establish that there has been a failure of regulation, policy or procedure or that an error has been made, the Executive Dean or Director may dismiss the appeal and will notify the student accordingly. (40) If the Executive Dean or Director considers that the subject matter of the appeal falls within the scope of the Student Appeals Policy, satisfies the grounds for appeal set out in Section 6 of the Student Appeals Policy or establishes that there has been a failure of regulation, policy or procedure or that an error has been made, the Executive Dean or Director may uphold the appeal and either: (41) If the Executive Dean or Director considers that the procedural appeal introduces new evidence or new grounds for appeal and the associated information or evidence should be taken into consideration, the matter will be referred back to the level of the officer who undertook the initial review, for further consideration. (42) Following a determination on the procedural appeal, the Executive Dean or Director will notify the student of the decision on the appeal in accordance with Section 9 of this Procedure. (43) Subject to Section 7 of the Student Appeals Policy, in the majority of cases the decision of the Executive Dean or Director will be final. (44) Any appeal to the University Appeals Committee will be conducted in accordance with the procedural fairness and conduct of proceedings provisions of Section 2 of this Procedure. (45) If the Academic Registrar considers that the student’s appeal does not fall within the scope of the Student Appeals Policy, satisfy the grounds for appeal set out in Section 6 of the Student Appeals Policy or does not establish that there has been a failure of regulation, policy or procedure, or that an error has been made, the Academic Registrar may dismiss the appeal and will notify the student accordingly. (46) If the Academic Registrar considers that the subject matter of the appeal does satisfy the grounds for appeal set out in Section 6 of the Student Appeals Policy and does establish that there has been a failure of regulation, policy or procedure or that an error has been made on a subject matter under Section 2 of the Student Appeals Policy then: (47) Action will be initiated in response to any application for appeal within 10 working days of receipt of the application by the Academic Registrar. (48) In all cases the Office of the Academic Registrar will acknowledge receipt of the appeal and notify the student of the course of action being followed in writing within 10 working days. In the case of an international student this is also a requirement of the ESOS Act and National Code. (49) The University Appeals Committee will comprise: (50) The quorum for a meeting of a University Appeals Committee will be three persons including the student member. (51) A University Appeals Committee will not include any person who: (52) A University Appeals Committee will: (53) Where the University Appeals Committee decides to deal with the matter under clause (52) of this Procedure, the committee will: (54) In the case of an appeal to the University Appeals Committee against a decision under the Student Conduct Policy: (55) A University Appeals Committee may: (56) The Chair of the University Appeals Committee will provide a report on the University Appeals Committee's deliberations and decision to the Office of the Academic Registrar who will advise the student in writing of the decision on the appeal. (57) The decision of a University Appeals Committee is final and there is no avenue of appeal against the decision to any other person or body within the University. (58) Any staff member involved in the management of a student review or appeal that is subject to behaviour that may constitute unreasonable appellant conduct may refer the matter to the Academic Registrar. (59) The Academic Registrar will determine whether the appellant’s behaviour constitutes unreasonable appellant conduct in accordance with Section 10 of the Student Appeals Policy. (60) Where the Academic Registrar determines that the behaviour constitutes unreasonable appellant conduct, the Academic Registrar may respond by taking any or all of the following actions: (61) Any action under clause (60)d. or (60)e. should only be taken after consultation with the Office of General Counsel. (62) The Academic Registrar may refer the matter for consideration under the Fitness to Study Policy or the Student Conduct Policy. (63) The student will be notified of the decision on any application for review or any level of appeal under the Student Appeals Policy and this Procedure normally within 20 working days of the student’s lodgement of the application for review or appeal at that level. (64) The student will be notified of: (65) In any case in which the matter has been referred to a University Appeals Committee, the student will be provided with a copy of the summary report of that Committee. (66) In the case of an international student whose enrolment has been terminated, the student will also be notified of the possible implications of the decision on the student’s visa. (67) All documentation submitted by a student and all correspondence between the University and a student will be placed on the student’s file and will be disposed of according to the Records Retention and Disposal Schedule. (68) A copy of the decision on any application for review or any appeal will be provided, as relevant, to the decision maker(s) and/or such other officer(s) as may need to take action as a result of the decision. (69) Any action required of the University as a result of an outcome of an appeal must be initiated within 10 working days of the notification. (70) An annual summary and analysis of appeals must be tabled at the Student Administrative Lifecycle and Policy Committee (SALPC) for noting by Academic Board. (71) The following tables detail the type of review and/or appeals covered by the Student Appeals Policy for academic and administrative matters, and the responsible officer for each level of the review and appeal. The review stage must be completed before proceeding to the appeal stage, and each appeal stage must be completed before proceeding to the next higher level of appeal. (72) For related legislation, policies, procedures and guidelines and any supporting resources please refer to the Associated Information tab.Student Appeals Procedure
Section 1 - Governing Policy
Section 2 - Procedural Fairness and Conduct of Proceedings
Section 3 - Lodging an Application for Review or Appeal
Section 4 - Preliminary Assessment
Top of PageSection 5 - Conduct of a Formal Review
Section 6 - Conduct of a Procedural Appeal Against a Review Decision
Section 7 - Conduct of the University Appeals Committee
Section 8 - Management of Unreasonable Appellant Conduct
Section 9 - Notification and Recording of Decisions
Section 10 - Schedules
Schedule 1
Table 1: Academic Matters
Type of Review
and/or AppealApplication for Review
Responsible OfficersProcedural Appeal
Responsible
OfficerFurther
Appeal
Reviewing Officer
Senior Officer
Administrative error in the determination of a final result under the Academic Regulations
Course Coordinator[1]
Head of School, or equivalent[2]
Executive Dean
na
Conduct of an assessment task under the Assessment Policy
Course Coordinator[1]
Head of School, or equivalent[2]
Executive Dean
na
Granting of credit under the Academic Regulations
Course Coordinator
Head of School,
or equivalentExecutive Dean
na
Recognition of prior learning under the Recognition of Prior Learning Policy
Course Coordinator
Head of School,
or equivalentExecutive Dean
na
Rejection of an application for an extension of time for submission of an assessment task, a deferred examination or for special consideration
Lecturer in Charge
Head of School,
or equivalentExecutive Dean
na
An assessment decision regarding an Honours classification under the Academic Regulations
Course Coordinator
Head of School,
or equivalentExecutive Dean
na
Termination of enrolment for unsatisfactory academic progress under the Academic Regulations
Academic staff member at Course Coordinator level who has not been involved in decision
Head of School,
or equivalentExecutive Dean
na
Program completion under the relevant program rules
Course Coordinator
Head of School,
or equivalentExecutive Dean
na
A decision of an Academic Integrity Officer under the Student Academic Integrity and Misconduct Policy
Another Academic Integrity Officer who has not been involved in decision
Head of School, or equivalent
Executive Dean
na
A decision by a Faculty Academic Misconduct Committee under the Student Academic Integrity and Misconduct Policy
na
na
na
University Appeals Committee
Breach of the Student Conduct Policy
na
na
na
University Appeals Committee
[2] In the case of service taught units, this should be the Head of School, or equivalent from the teaching school.Table 2: Administrative Matters
Top of Page
Type of Review
and/or AppealApplication for Review
Responsible OfficersProcedural Appeal
Responsible
OfficerFurther
Appeal
Reviewing Officer
Senior Officer
Administration of the Commonwealth Government's Higher Education Loan Program (eg HECS-HELP, FEE-HELP)
National Manager, Academic Progress and Fees
Associate Director, Enrolment, Progression, Completion
Academic Registrar
na
Administration of the Commonwealth Government's Higher Education Loan Program OS-HELP
Manager, Global Learning
Associate Director, Global Marketing and Partnerships
Director, Global Engagement
na
Admission to a program under the Admission to Coursework Programs Policy for current ACU domestic students
National Manager, Direct Admissions Services (direct applicants); National Manager, TAC Admissions (direct applicants);
Associate Director, Student Administrative Services
Academic Registrar
na
Admission to a program under the Admission to Coursework Programs Policy for current international students
Associate Director, Strategic Support and Operations
Director, Global Engagement
Pro Vice-Chancellor (Global and Education Pathways)
na
Award of Commonwealth Scholarships
Coordinator, Scholarships
Associate Director, Enrolment, Progression, Completion
Academic Registrar
na
Enrolment (administrative decisions)
National Manager, Enrolments and Student Records
Associate Director, Enrolment, Progression, Completion
Academic Registrar
na
Fees/financial liability including re-credit of unit/s and refund of fees in special circumstances for domestic students
National Manager, Academic Progress and Fees
Associate Director, Enrolment, Progression, Completion
na
na
Fees/financial liability including re-credit of unit/s and refund of fees in special circumstances for international students
National Manager, Academic Progress and Fees
Associate Director, Enrolment, Progression, Completion
Academic Registrar
na
Fee for late enrolment or late payment of fees
National Manager, Academic Progress and Fees
Associate Director, Enrolment, Progression, Completion
Academic Registrar
na
Notification of cancellation of Confirmation of Enrolment (COE) to the relevant Australian Government department
Senior Compliance Coordinator
Associate Director, Strategic Support and Operations
Director, Global Engagement
na
Refusal to grant a letter of release to an international student prior to the expiration of six calendar months in the student's principal course of study
Senior Compliance Coordinator
Associate Director, Strategic Support and Operations
Director, Global Engagement
na
Section 11 - Associated Information
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[1] In the case of service taught units, this should be a staff member at Course Coordinator level from the teaching school.