Document ID: chunk:federal_register_of_legislation:F2021L00996:reg:95
Version: federal_register_of_legislation:F2021L00996
Segment Type: reg
Provision Reference: reg 95
Character Range: 105417–107409

95      Review by Associate Dean

(1)    This section applies if the person affected by a reviewable decision (the applicant) applies under section 94 (Application for review of reviewable decision) for review of the decision.

(2)    The Associate Dean must review the decision.

(3)    The Associate Dean may decide the review solely on the basis of the application and any material accompanying it. However, the Associate Dean may make the inquiries, and have regard to anything else, that the Associate Dean considers appropriate.

(4)    The Associate Dean must:

(a)    confirm the reviewable decision; or

(b)    set aside the reviewable decision, and do either of the following:

(i)    refer the matter to the Delegated Authority who made that decision to further consider the reviewable decision, taking into account the directions or recommendations (if any) of the Associate Dean, and to make a new decision;

(ii)    substitute another decision that the Delegated Authority could have made.

(5)    The Associate Dean must endeavour to make a decision on the review within 20 working days after the day the application for review of the decision is made.

(6)    If the Associate Dean is unable to make a decision on the review within the 20-day period, the Associate Dean must, by written notice:

(a)    tell the applicant; and

(b)    give the applicant a date by which the application for review will be decided.

(7)    Within 10 working days after the Associate Dean makes a decision on the review, the Associate Dean must:

(a)    tell the applicant in writing about the decision made on the review; and

(b)    give the applicant a statement of reasons for the decision.

(8)    Subject to the outcome of any application for review made under section 96 (Application for procedural review of review decision), the decision of the Associate Dean is final.

(9)    This section is subject to section 20 (False or misleading statements in applications for admission etc.).