Document ID: chunk:federal_register_of_legislation:F2021L00996:reg:110:p1
Version: federal_register_of_legislation:F2021L00996
Segment Type: reg
Provision Reference: reg 110 (pt 1/2)
Character Range: 127724–130596

110  Transitional modifications on student application

(1)    In this section:
earlier repealed instrument means the Research Awards Rules (No. 2) 2013.
previous instrument means the Research Awards Rule 2015.

(2)    This section applies to a student enrolled in a program for a research award if:

(a)    the program commenced, but had not ended, before the commencement of the previous instrument; and

(b)    a requirement of this instrument applying to the student (the current requirement) is different from the corresponding requirement applying to the student under the earlier repealed instrument or there was no corresponding requirement applying to the student under the earlier repealed instrument; and

(c)    the student considers that the application of the current requirement to the student is unfair or unreasonable.

(3)    The student may, by written notice given to the Associate Dean before 28 February 2022, apply for a modification of this instrument in relation to the application of the current requirement to the student.

(4)    The Associate Dean must decide the application.

(5)    The Associate Dean may grant the modification sought if satisfied that the application of the current requirement to the student is unfair or unreasonable.

(6)    Within 10 working days after the day the Associate Dean makes a decision on the application, the Registrar must tell the student in writing about the decision.
[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]

(7)    If the Associate Dean decides not to grant the modification sought, the Registrar must also give the student:

(a)    a statement of the Associate Dean's reasons for the decision; and

(b)    a statement to the effect that, subject to this instrument, the student may appeal against the decision; and

(c)    a statement setting out the procedure for making an appeal.

(8)    Failure to comply with subsections (6) and (7) in relation to a decision does not affect the validity of the decision.

(9)    Subject to the outcome of any appeal under Division 7.2 (Appeals against appealable decisions), a decision of the Associate Dean not to grant the modification sought is final.
[Note: A student may appeal against a decision not to grant a modification (see subsection (10) of this section and section 100(1)).]

(10)    For this instrument, a decision not to give the modification sought by the student is an appealable decision.

(11)    The provisions of this instrument apply to the student subject to any modification in force under this section in relation to the student.

(12)    To remove any doubt, the reference in subsection (11) to this instrument includes a reference to the earlier repealed instrument as it applies in relation to the student for this section.

(13)    For subsection (11), a