Document ID: chunk:federal_register_of_legislation:F2023L00984:reg:23:p1
Version: federal_register_of_legislation:F2023L00984
Segment Type: reg
Provision Reference: reg 23 (pt 1/2)
Character Range: 18124–21076

23      Decision by Appeals Committee

(1)    After considering the application for review, the Appeals Committee may:

(a)    confirm the decision of the original decision-maker; or

(b)    vary the decision; or

(c)    set aside the decision and make a fresh decision in substitution for the decision set aside; or

(d)    set aside the decision.

(2)    The Appeals Committee may:

(a)    accept an undertaking from the student; or

(b)    make recommendations arising from its consideration of the application for review, including recommendations for:

(i)    counselling; or

(ii)    intervention; or

(iii)    corrective or other measures that should be taken.

(3)    The Appeals Committee may vary the decision under subsection (1)(b), or substitute a fresh decision under subsection (1)(c), only if the decision as varied, or the fresh decision, is a decision that the original decision-maker could have made.

(4)    In deciding a question in relation to the penalty imposed, or other action taken, in relation to the student under the Academic Integrity Rule, the Appeals Committee must take all relevant matters into account, including, for example, the following:

          (a)    the nature and severity of the student's breach of the academic integrity principle;

          (b)    the effect of the breach, including any loss, damage or harm caused to the University or its students, staff or property;

          (c)    the objectives of punishment, deterrence and rehabilitation;

          (d)    the health and safety of students and staff of the University, and the protection of University property.

(5)    Without limiting subsection (4), the Appeals Committee may, for example, take into account any other finding of a breach of the academic integrity principle made in relation to the student and the action (if any) taken in relation to that finding.

(6)    In deciding a question in relation to the penalty imposed, or other action taken, in relation to the student under the Discipline Rule, the Appeals Committee must take all relevant matters into account, including, for example, the following:

(a)    the nature and severity of the respondent's misconduct;

(b)    the effect of the misconduct, including any loss, damage or harm caused to the University or its students, staff or property;

(c)    the objectives of punishment, deterrence and rehabilitation;

(d)    the health and safety of students and staff of the University, and the protection of University property.

(7)    Without limiting subsection (6), the Appeals Committee may, for example, take into account any other finding of misconduct made in relation to the student and the action (if any) taken in relation to that finding.

(8)    The decision of the Appeals Committee and the reasons for the decision must be given in writing to the student and the Registrar by the Secretary to the Appeals Committee within 10 working days after the day the