Document ID: chunk:federal_register_of_legislation:F2021L00996:reg:101:p1
Version: federal_register_of_legislation:F2021L00996
Segment Type: reg
Provision Reference: reg 101 (pt 1/2)
Character Range: 113457–116361

101  Appeal: hearing and decision

Application of section

(1)    This section applies if the person affected by an appealable decision appeals against the decision under section 100 (Appeal against appealable decision).

Appointment of members and chair

(2)    The Registrar must, in writing, appoint 3 impartial members of the full-time academic staff of the University to form an Appeal Committee to hear and decide the appeal.

(3)    The members of the Appeal Committee must choose a member of the committee to be its chair.

Conduct of appeal

(4)    The Appeal Committee may conduct the inquiries, and have regard to anything, on any matter in relation to the appeal that it considers appropriate.

(5)    However, before deciding the appeal, the Appeal Committee must give the person affected by the appealable decision an opportunity to make representations to the committee.

(6)    The Appeal Committee may permit the person to make either oral or written representations (or both).

(7)    If the person is permitted to make oral representations, the person may be accompanied by a student, or member of staff, of the University who may observe the proceedings but not act as an advocate unless expressly invited by the Appeal Committee.

Appeal against decision not to extend maximum period for completion

(8)    If the appealable decision is a decision not to grant an extension of the maximum period for completion of the person's program (including any decision not to give an approval necessary for the extension), the Appeal Committee must:

(a)    confirm the decision appealed against (the appealable decision); or

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

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

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

Appeal against decision to terminate enrolment

(9)    If the appealable decision is a decision to terminate the person's enrolment in a program for a research award, the Appeal Committee must:

(a)    confirm the decision appealed against; or

(b)    set aside the decision and require that the person be permitted to continue to be enrolled in the program, subject to the conditions (if any) decided by the Appeal Committee after consultation with the Associate Dean (including any conditions about the duration of the program).

(10)    Any condition decided by the Appeal Committee under subsection (9)(b) is taken to be a condition imposed on the person's enrolment in the program.

(11)    If the person breaches a condition decided by the Appeal Committee under subsection (9)(b), the person's enrolment in the program is automatically terminated.

Appeal