Appeals Statute 2011

Content

1. Title

1.1. This is the Appeals Statute 2011.

2. Commencement

2.1. This Statute shall come into effect on 1 January 2012.

3. Appeals Boards

3.1. Each Appeal brought under this Statute shall be heard and determined by an Appeals Board.

3.2. An Appeals Board shall be appointed by the Registrar and Secretary to the Council on a per-Appeal basis and shall comprise of three or more members, including at least one lay member of Council and, whenever possible, one student member of Council.

3.3. The Registrar and Secretary to the Council shall appoint one of the Appeals Board members as Convenor on a per-Appeal basis. The intention is for the Convenor to be, where possible, a lawyer. Where a lawyer is not available from the pool of Council members that are available to sit on the Appeals Board, or the relevant Council member is unable to act as Convenor for any reason, the Registrar and Secretary to the Council may elect to engage:

1. A lawyer who is not a Council member to be the Convenor; or
2. An academic member of staff who is not a Council member to be the Convenor, where that staff member has a suitable background in and understanding of the principles of administrative law.

3.4. In appointing the members of an Appeals Board, the Registrar and Secretary to the Council shall be guided by any directions of the Council and by the availability of members to deal with the Appeal in a timely way.

3.5. Each member of an Appeals Board shall have one vote. The Registrar and Secretary to the Council or his or her appointee shall act as Secretary to the Board.

4. Right of Appeal

4.1. A student may appeal under this Statute against:

1. decisions in respect of which a right of appeal to the Appeals Board is provided under the Student Conduct Statute 2021, the Academic Statute 2011 or the Degrees and Other Awards Statute 2011;
2. any other decision of the University affecting the student against which the Appeals Board grants leave to appeal under the provisions of this Statute.

5. Powers of Board

5.1. The Board shall have the power to hear and determine:

appeals to which clauses 4.1(a) and (b) apply; and

1. applications for leave to appeal; and
2. appeals directed to it under clause 10.2. of the Council Statute

5.2. The Board may:

1. exercise its powers without confirmation by the Council;
2. in its absolute discretion, refer any appeal to the Council for a decision; and
3. dismiss any appeal after considering the written grounds of appeal and any written submissions without hearing the parties if in its opinion the appeal is frivolous or discloses no sustainable grounds of appeal or for any other reason ought not to be proceeded with.

6. Notice of Appeal

6.1. Appeals may be commenced, and applications for leave to appeal made, within 10 working days of the communication to the student of the decision appealed against, or sought to be appealed against, as the case may be, provided that the Appeals Board may, if it thinks fit, agree to extend the relevant time period.

6.2. Appeals are commenced by providing the Registrar and Secretary to Council with a Notice of Appeal identifying with reasonable particularity:

1. the decision or decisions appealed against; and
2. the grounds of the appeal including, where appropriate, any factual or procedural errors which the student considers to have occurred.

6.3. Leave to appeal may be sought by providing the Registrar and Secretary to Council with:

1. a proposed Notice of Appeal meeting the requirements of clause 6.2; and
2. any submissions the intending appellant wishes to make in support of the application for leave to appeal.

6.4. Every Notice of Appeal and every application for leave to appeal shall provide a physical address and an email address for communications in relation to the matter. All communications sent to the email address shall be deemed to have been received on the day after the day on which they are sent.

6.5. On receiving a Notice of Appeal or an application for leave to appeal, the Registrar and Secretary to Council shall first ensure that the body taking the decision being, or being sought to be, appealed against has, or has had, an opportunity of reviewing its decision.

6.6. In the case of appeals or applications for leave to appeal which relate to academic matters, the Registrar and Secretary to Council shall arrange for one or more members of the Senate to consider the circumstances and to report on the matter making any such recommendations to the Appeals Board on behalf of the Senate as may be appropriate.

6.7. Prior to the hearing of an appeal, the Convener of the Appeals Board may make directions in relation to the conduct of the appeal, including directions in relation to the advance circulation of evidence and submissions by any party and in relation to any other matters that may promote the fair and expeditious resolution of the appeal.

7. Consideration of Applications for Leave to Appeal

7.1. An applicant for leave to appeal shall have no right to be heard in person by the Appeals Board, which shall consider applications for leave to appeal on the papers.

7.2. If the Appeals Board intends to take into account any material in addition to that provided by the applicant for leave, such material shall be provided to the applicant who shall then have seven days within which to respond to that material.

8. Procedure for Appeals

8.1. Subject to the provisions of this Statute, the Appeals Board shall regulate its own procedure and appeals may be conducted without procedural formality where this is consistent with fairness and efficiency. The Appeals Board may receive, or call for, from any party any material which it considers relevant to the fair determination of the appeal.

8.2. Hearings before the Board shall be conducted in private. The Board shall provide full copies of its written decisions to the Council on a confidential basis but any other reports of the proceedings of the Appeals Board shall be such as to prevent disclosure of the identity of the appellant by the University.

8.3. The respondent in an appeal shall be the Vice-Chancellor or the Vice-Chancellor's nominee.

8.4. The appellant, the respondent and any other member of the University who, in the opinion of the Board, has a special interest in the proceedings shall be entitled:

1. to be represented by counsel or some other appropriate person;
2. to be supported during the hearing by any appropriate person or persons;
3. to be present throughout the hearing, except when members of the Board may wish to confer in private.

8.5. The Registrar and Secretary to Council shall within a reasonable time beforehand inform the appellant of the time and place fixed for the appeal hearing and of any directions the Appeals Board may have made as to the conduct of the appeal.

8.6. If the appellant or respondent fails to attend the hearing the Board may proceed and determine the appeal.

8.7. Following the conclusion of an appeal hearing the Appeals Board may:

1. dismiss the appeal; or
2. allow the appeal by:
   1. referring the matter back to the decision-maker for reconsideration, with or without recommendations; or
   2. substituting its own determination on any matter arising in the appeal, including any findings and the imposition of any penalty or outcome.

9. Repeal

9.1. The Student Appeals Regulations Statute 1991 and the regulations made thereunder are repealed.