Document ID: chunk:federal_register_of_legislation:F2021L00997:reg:62
Version: federal_register_of_legislation:F2021L00997
Segment Type: reg
Provision Reference: reg 62
Character Range: 81146–83933

62      Meaning of reviewable decision

(1)    The following decisions under this instrument are reviewable decisions for the Appeals Rule and this instrument:

(a)    a decision by the Vice-Chancellor under section 17(4) (Interim action: procedure and review) in relation to a student:

(i)    to confirm a decision to deny the student access to facilities, premises or activities; or

(ii)    to confirm a decision to exclude the student from attendance at an examination or other assessment; or

(iii)    not to vary a decision mentioned in subparagraph (i) or (ii) as sought by the student;

(b)    a finding by an inquiry officer under section 50(1)(b) (Findings by inquiry officer at completion of inquiry) that a student has engaged in conduct that breaches the academic integrity principle if the inquiry officer also finds under section 50(2) that the conduct is academic misconduct;

(c)    a finding by an inquiry officer under section 50(2) that a student has engaged in conduct that is academic misconduct;

(d)    a decision by an inquiry officer to take action under section 52 (Action by inquiry officer after finding of academic misconduct) in relation to a student (including the action taken);

(e)    a decision by an inquiry officer under section 57 (Requirements, conditions and undertakings: finding of academic misconduct) to take action in relation to a student (including the action taken) for breach of a requirement, condition or undertaking;

(f)    a decision by an inquiry officer under section 59(4) (Immediate suspension of student: procedure and review) to confirm a direction that a suspension is to take effect immediately.
[Note: The decisions specified in this subsection are academic integrity decisions and reviewable decisions under the Appeals Rule (see Appeals Rule, sections 7 and 5).]

(2)    However, if, under section 69 (Vice-Chancellor may call in certain decisions), the Vice-Chancellor calls in a decision mentioned in subsection (1) and makes a decision as if the Vice-Chancellor were the original decision-maker, the decision of the original decision-maker ceases to be a reviewable decision.
            [Note: The Vice-Chancellor may not call in a reviewable decision if an application has been made under the Appeals Rule for review of the decision (see section 69(3)).]

(3)    To remove any doubt, a decision of the Vice-Chancellor of a kind mentioned in subsection (1) that is made following a decision of the Vice-Chancellor under section 69(2) is a reviewable decision.

(4)    To remove any doubt, the following decisions are not reviewable decisions:

(a)    a decision of the Vice-Chancellor under section 69(2) to call in a decision for reconsideration;

(b)    a decision by an Appeals Committee under the Appeals Rule.