Document ID: chunk:federal_register_of_legislation:F2021L00996:reg:97
Version: federal_register_of_legislation:F2021L00996
Segment Type: reg
Provision Reference: reg 97
Character Range: 108807–110940

97      Procedural review of review decision

(1)    This section applies if:

(a)    a person applied under section 94 (Application for review of reviewable decision) for review by the Associate Dean of a reviewable decision (the original decision); and

(b)    the person (the applicant) applies under section 96 (Application for procedural review of review decision) for review (procedural review) of the decision of the Associate Dean made on the review (the review decision).

(2)    The Deputy Vice-Chancellor may decide the procedural review solely on the basis of the application for procedural review 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 review decision; or

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

(i)    confirm the original decision;

(ii)    refer the matter to the Delegated Authority who made that decision to further consider the 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 Delegated Authority could have made.

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

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

(a)    tell the applicant; and

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

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

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

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

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

Division 7.2—Appeals against appealable decisions