Document ID: chunk:federal_register_of_legislation:F2021L00996:reg:103
Version: federal_register_of_legislation:F2021L00996
Segment Type: reg
Provision Reference: reg 103
Character Range: 118972–121748

103  Procedural appeal to Deputy Vice-Chancellor

(1)    This section applies if:

(a)    a person appealed under section 100 (Appeal against appealable decision) against an appealable decision (the original decision); and

(b)    the person (the appellant) appeals under section 102 (Application for procedural appeal to Deputy Vice-Chancellor) (the procedural appeal) against the decision of the Appeal Committee (the appeal decision).

(2)    The Deputy Vice-Chancellor may decide the procedural appeal solely on the basis of the appeal document and any material accompanying it. However, the Deputy Vice-Chancellor may make the inquiries, and have regard to anything else, that the Deputy Vice-Chancellor considers appropriate.

(3)    The Deputy Vice-Chancellor must:

(a)    confirm the appeal decision; or

(b)    set aside the appeal decision, and do one of the following:

(i)    confirm the original decision;

(ii)    refer the matter to the person who made that decision (the original decision-maker) to further consider that decision, taking into account the directions or recommendations (if any) of the Deputy Vice-Chancellor, and to make a new decision;

(iii)    substitute another decision that the original decision-maker could have made.

(4)    The Deputy Vice-Chancellor must endeavour to make a decision on the procedural appeal within 20 working days after the day the appeal is made.

(5)    If the Deputy Vice-Chancellor is unable make a decision on the appeal within the 20-day period, the Deputy Vice-Chancellor must, by written notice:

(a)    tell the appellant; and

(b)    give the appellant a date by which the appeal will be decided.

(6)    Within 10 working days after the day the Deputy Vice-Chancellor makes a decision on the procedural appeal, the Deputy Vice-Chancellor must:

(a)    tell the appellant in writing about the decision made on the appeal; and

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

(7)    The Deputy Vice-Chancellor's decision is final.

Part 8—Miscellaneous

General note for Part 8
     The Governance Statute and the Legislation Statute contain provisions applying to University legislation generally.
     The Governance Statute has provisions relevant to this instrument, including, for example, the following:
            * section 66 (Delegation and subdelegation of Vice-Chancellor's functions)
            * section 67 (Delegation and subdelegation of functions of other University officials).
     The Legislation Statute has provisions relevant to this instrument, including, for example, the following:
            * section 23 (Approved forms)
            * section 24 (Service of notices etc.)
            * section 25 (Exercise of Associate Dean's functions by College Dean).