Document ID: chunk:federal_register_of_legislation:F2021L00998:reg:49:p1
Version: federal_register_of_legislation:F2021L00998
Segment Type: reg
Provision Reference: reg 49 (pt 1/2)
Character Range: 70935–73917

49      Meaning of reviewable decision

(1)    The following decisions under this instrument are reviewable decisions:

(a)    a decision by a prescribed authority or the Vice-Chancellor under section 17 (Interim action by prescribed authority: procedure and review), or by the Vice-Chancellor under section 23 (Interim action by Vice-Chancellor: 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 extend a denial of access period applying to the student; or

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

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

(b)    a finding by a prescribed authority under section 33(b) (Finding at completion of inquiry: prescribed authority) that a student has engaged in conduct that is misconduct;

(c)    a decision by a prescribed authority under section 34 (Action by prescribed authority after finding of misconduct) to take action in relation to a student (including the action taken);

(d)    a finding by the Vice-Chancellor under section 36(b) (Finding at completion of inquiry: Vice-Chancellor) that a student has engaged in conduct that is misconduct;

(e)    a decision by the Vice-Chancellor under section 37 (Action by Vice-Chancellor after finding of misconduct) to take action in relation to a student (including the action taken);

(f)    a decision by a prescribed authority or the Vice-Chancellor under section 41 (Requirements, conditions and undertakings) to take action in relation to a student (including the action taken) for breach of a requirement, condition or undertaking;

(g)    a decision by a prescribed authority or the Vice-Chancellor under section 43(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 discipline decisions and reviewable decisions under the Appeals Rule (see Appeals Rule, sections 6 and 5).]

(2)    However, if, under section 51 (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 51(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 51(2) is a reviewable decision.

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

(a)    a decision of