Document ID: chunk:federal_register_of_legislation:F2024L01752:reg:58
Version: federal_register_of_legislation:F2024L01752
Segment Type: reg
Provision Reference: reg 58
Character Range: 66470–69089

58      Procedural review of review decision

(1)    This section applies if:

(a)    a person applied under section 55 (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 57 (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 review must be conducted by the following person (the reviewing officer) in accordance with this section:

(a)    if the original decision was an admission decision—the College Dean for the relevant ANU College;

(b)    if the original decision was a reviewable non-admission decision—the Deputy Vice-Chancellor.

(3)    The reviewing officer may decide the procedural review solely on the basis of the application for procedural review and any material accompanying it. However, the reviewing officer may make the inquiries, and have regard to anything else, that the reviewing officer considers appropriate.

(4)    The reviewing officer 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 person who made the original decision (the original decision-maker) to further consider the original decision, taking into account the directions or recommendations (if any) of the reviewing officer, and to make a new decision;

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

(5)    The reviewing officer must endeavour to make a decision on the procedural review within 20 working days after the day the application for review is made.

(6)    If the reviewing officer is unable to make a decision on the review within the 20-day period, the reviewing officer must, by written notice:

(a)    tell the applicant; and

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

(7)    Within 7 working days after the day the reviewing officer makes a decision on the procedural review, the reviewing officer must:

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

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

(8)    The reviewing officer's decision is final.

(9)    However, to remove any doubt, subsection (8) does not prevent or limit any appeal against, or review of, the reviewing officer's decision by a court or a tribunal outside the University.

Part 8—Miscellaneous