This Rule creates a formal internal appeals process for students to challenge discipline and academic‑integrity decisions, defining limited grounds for review and requiring a written application within 20 working days. The Registrar screens applications and appoints Appeals Committees drawn from an Appeals Panel; Committees run hearings under procedural‑fairness rules and may confirm, vary, substitute, or set aside decisions.
Its decisions are final within the university, the Rule replaces the prior Appeals Rule, and it centralises key operational discretion with the Registrar and Committee Chairs.
Mechanically, the Appeals Rule 2023 (the instrument) establishes the University-level internal appeals process for certain student-related decisions at the Australian National University. It is made under the Governance Statute 2023, s 68(1) (s 3), commences on the later of registration or 1 July 2023 (s 2), and expires 10 years after commencement (s 34). It repeals the Appeals Rule 2021 (s 29) and contains transitional savings for conduct governed by earlier rules (Div 7.2, especially s 30). The instrument creates the architecture for application, screening, panel composition, hearing practice, decision-making powers and administrative timelines for review of “reviewable decisions” (ss 5-13, 14-25).
Scope is defined narrowly by reference to two categories of decision designated elsewhere: discipline decisions (as declared in the Discipline Rule) and academic integrity decisions (as declared in the Academic Integrity Rule) (ss 5-7). The Rule itself therefore does not list every kind of appealable outcome; it prescribes a process that becomes operative only if those external rules declare a particular decision reviewable.
On process and timing, a student wishing to seek review must apply in writing within 20 working days after being told in writing of the decision and given a statement of reasons under the relevant rule (s 9(2)(d)). The application must specify one or more prescribed grounds (s 8) and include reasons in support (s 9(2)(b)-(c)). The Registrar has an administrative gatekeeping role: he or she may reject applications that appear to be outside the instrument’s scope, not made on the required grounds, or out of time, but only after giving the applicant an opportunity to make a written submission about the proposed rejection (s 10). If not rejected the Registrar must refer the application to an Appeals Committee (s 11).
Current sections
Direct links to the current provisions in Appeals Rule 2023.
This instrument commences on the later of the following:
(a) the day after it is registered;
(b) 1 July 2023.
3 Authority
This instrument is made under the Australian National University (Governance) Statute 2023, section 68(1) (General power to make rules and orders).
4 Definitions
In this instrument:
academic integrity decision: see section 7 (Academic integrity decisions).
Appeals Committee means an Appeals Committee appointed under section 13 (Appeals Committee).
course means a subject of scholarly study, whether it is taught:
(a) in a connected series of classes or demonstrations; or
(b) by means of practical work, including, for example, the production by students of essays, theses or case studies or the attendance and participation by students in seminars or workshops; or
(c) by clinical or professional practice; or
(d) in another way or in a combination of ways.
discipline decision: see section 6 (Discipline decisions).
property includes any form of real or personal property.
Example of property
Intellectual property, including intellectual property in any data or information.
reviewable decision: see section 5 (Meaning of reviewable decision).
Secretary, to an Appeals Committee, means the person appointed as Secretary to the Appeals Committee under section 13(6) (Appeals Committee).
student means a person who is or was enrolled in, or seeking enrolment in, a program or course offered by the University, or who is or was given permission by the University to audit a program or course offered by the University.
[Note: For definitions applying to University legislation generally, see the dictionary in the Legislation Statute. That dictionary defines terms relevant to this instrument, including the following:
breach
University legislation (see section 6)
working day.]
Part 2—Reviewable decisions
5 Meaning of reviewable decision
A decision is a reviewable decision under this instrument if it is:
(a) a discipline decision; or
(b) an academic integrity decision.
6 Discipline decisions
A decision is a discipline decision if it is declared to be a reviewable decision by the Discipline Rule.
7 Academic integrity decisions
A decision is an academic integrity decision if it is declared to be a reviewable decision by the Academic Integrity Rule.
Part 3—Application for review
8 Grounds for review of reviewable decisions
(1) An application by a student for review of a reviewable decision must be made on 1 or more of the following grounds:
(a) that a procedural irregularity happened that may have affected the decision made by the decision-maker;
(b) that the decision-maker was biased;
(c) that the decision was manifestly wrong;
(d) that the decision was made in a mistaken application of applicable University legislation;
(e) that there is substantial relevant evidence that:
(i) was not taken into account by the decision-maker; and
(ii) could not have been known to the student and provided to the decision-maker before the decision was made;
(f) that a penalty imposed on the student, or any other action taken in relation to the student, under the Academic Integrity Rule or Discipline Rule was manifestly excessive.
(2) If an application for review includes the ground mentioned in subsection (1)(f), the penalty or other action is taken to form part of the decision for this instrument.
9 Affected student may make application for review
(1) A student may make an application for review of a decision if the decision is a reviewable decision affecting the student in the student’s capacity as a student.
(2) The application must:
(a) be in writing; and
(b) specify the grounds on which the student relies; and
(c) include, or be accompanied by a statement setting out, the student’s reasons in support of those grounds; and
(d) be given to the Registrar within 20 working days after the day the student:
(i) is told in writing under the Academic Integrity Rule or Discipline Rule about the decision; and
(ii) given a statement of reasons under Academic Integrity Rule or Discipline Rule for the decision.
10 Registrar may reject invalid applications
(1) The Registrar may reject an application for review of a decision if it appears:
(a) that the decision is not a reviewable decision; or
(b) that the application is not made on 1 or more of the grounds required by this instrument; or
(c) that the application has not been made within the time required by this instrument.
(2) However, the Registrar may reject the application only if the Registrar has given the applicant an opportunity to make a written submission about the proposed rejection.
(3) If the Registrar rejects the application under this section, the Registrar must, as soon as is practical:
(a) tell the applicant and the decision-maker in writing about the decision; and
(b) give them a written statement of reasons for the decision.
[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]
11 Registrar must refer valid applications to Appeals Committee
(1) This section applies if the Registrar does not reject an application for review of a decision under section 10 (Registrar may reject invalid applications).
(2) The Registrar must refer the application to an Appeals Committee.
Part 4—Appointment of Appeals Committee
12 Appeals Panel
(1) There is to be an Appeals Panel appointed by the Academic Board.
(2) The Appeals Panel is to consist of at least 6 persons in each of the following categories:
(a) students appointed after consultation with the student association;
(b) persons who have knowledge or experience in the teaching, research, or visual and performing arts, functions of the University.
(3) A member of the Appeals Panel:
(a) holds office, subject to this instrument, for 2 years; and
(b) is eligible for reappointment; and
(c) may resign by written notice given to the Registrar.
(4) If a student who has been appointed to the Appeals Panel ceases to be a student, the person ceases to be a member of the Appeals Panel.
(5) In this section:
student means a person who is enrolled in a program or course offered by the University.
13 Appeals Committee
(1) This section applies if the Registrar is required to refer an application for review of a decision to an Appeals Committee.
(2) The Registrar must appoint an Appeals Committee for the review.
(3) The Appeals Committee must include at least 4 members of the Appeals Panel, including:
(a) 1 member (the student member) appointed to the Appeals Panel under section 12(2)(a) (Appeals Panel) and
(b) 3 members appointed to the Appeals Panel under section 12(2)(b).
(4) A person appointed to the Appeals Committee must not be the original decision-maker.
(5) The Registrar must appoint a person (other than the student member) to be the Chair of the Appeals Committee.
(6) The Registrar must appoint a person (other than a member of the Appeals Committee) to be the Secretary to the Appeals Committee.
(7) The Registrar may appoint a person (other than a member of the Appeals Committee) to assist the Appeals Committee in the hearing of the application for review.
(8) If the Appeals Committee is appointed to consider an application for review relating to an academic integrity decision, the Appeals Committee must include a person from the relevant academic discipline or, if this is not possible, a related academic discipline.
(9) The quorum for a meeting of the Appeals Committee (including a hearing) is 3 members, including the Chair.
Part 5—Consideration by Appeals Committee
14 Additional material
(1) If material is made available to the Appeals Committee that was not before the original decision-maker, the Appeals Committee may assess the material in a summary way on the papers without conducting a hearing.
(2) If, on review of the material, the Appeals Committee considers the information to be cogent, relevant or substantial, it may refer the decision back to the original decision-maker to remake the decision.
(3) A decision remade following a referral back to the original decision-maker under this section:
(a) stands in place of the original decision; and
(b) to remove any doubt, may be the subject of an application for review under this instrument if it is a reviewable decision.
15 Material to be provided to student
The Secretary to the Appeals Committee must provide the student applicant for the review with a copy of the material on which the Appeals Committee intends to rely no later than 5 working days before the day the application for review is to be heard.
16 Notification of hearing etc.
(1) Before the Appeals Committee hears the application for review, the student may, if the student wishes, tell the President of the student association about the hearing.
(2) The Appeals Committee must:
(a) fix a date, time and place for the hearing of the application for review; and
(b) give not less than 5 working days written notice of the date, time and place of the hearing to the student.
[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]
17 Decision whether to conduct oral hearing
(1) The application for review may be decided with or without an oral hearing.
(2) In deciding whether the application for review is to be decided with or without an oral hearing, the Appeals Committee may take into account:
(a) whether the parties can participate in an oral hearing within a reasonable time; and
(b) whether an oral hearing would unnecessarily subject a party or a witness to stress; and
(c) any other relevant factor.
[Note: A person may be permitted or required to participate in the review remotely (see section 21 (Remote participation in review)).]
(3) The Chair of the Appeals Committee must decide how the review is to be conducted.
18 Applications for review relating only to penalty or other action taken
If the application for review relates only to the penalty imposed, or other action taken, under the Academic Integrity Rule or the Discipline Rule, the Appeals Committee must consider only the question of the penalty or other action.
19 Hearing procedure
(1) At the hearing of the application for review:
(a) the procedure to be followed is, subject to this Part, at the discretion of the Appeals Committee; and
(b) the Appeals Committee:
(i) may inform itself on any matter in relation to the review in any way it considers appropriate; and
(ii) is bound by the rules of procedural fairness but is not bound by rules of evidence; and
(iii) must take into account any submission made by the student or the Registrar.
(2) At the hearing of the application for review, the Registrar may:
(a) appear in person or, with the express approval of the Chair of the Appeals Committee, through an advocate; and
(b) call and question witnesses; and
(c) make written or oral submissions.
[Note 1: The Registrar may delegate the function of appearing in person and other functions under this subsection (see Governance Statute, section 67 (Delegation and subdelegation of functions of other University officials)).]
[Note 2: A function exercised by a delegate (or subdelegate) of the Registrar is taken to have been exercised by the Registrar (see Acts Interpretation Act, section 34AB(1)(c)).]
(3) The hearing of evidence by the Appeals Committee may be adjourned from time to time and from place to place.
(4) Unless the Appeals Committee otherwise directs, a person is not entitled to be present at the hearing of the application for review unless the person is:
(a) a member of the Appeals Committee; or
(b) the Registrar or an advocate for the Registrar; or
(c) the student or the person nominated by the student under section 20(2) (Student’s rights on review); or
(d) the Secretary to the Appeals Committee; or
(e) a person giving evidence before the Appeals Committee; or
(f) a person appointed under section 13(7) (Appeals Committee) to assist the Appeals Committee.
(5) The hearing of the application for review is not ineffective only because of a formal defect or irregularity in the convening or conduct of the Appeals Committee.
20 Student’s rights on review
(1) At the hearing of the application for review, the student may:
(a) appear in person; and
(b) call and question witnesses; and
(c) make oral or written submissions.
(2) At the hearing of the application for review, the student may be accompanied by another person nominated by the student who may:
(a) observe the proceedings; and
(b) with the express approval of the Chair of the Appeals Committee, act as an advocate for the student.
(3) If the Chair of the Appeals Committee gives an approval under subsection (2)(b) and the Registrar is not present at the hearing (in person or through an advocate), the Chair must immediately tell the Registrar about the approval and adjourn the hearing to allow the Registrar to appear.
21 Remote participation in review
(1) The Chair of the Appeals Committee may, in writing, permit or require a person to participate in the review remotely by a method of communication, and in accordance with any arrangements, specified by the Chair.
Examples of methods of communication for remote participation
1 teleconference
2 videoconference
(2) However, the Chair may require the person to participate in the review remotely only if the Chair considers that the requirement is necessary or desirable for all or any of the following reasons:
(a) to avoid or reduce the risk of harm to the health, safety or wellbeing of any person;
(b) to allow the review to be conducted in a fair and orderly way;
(c) to avoid or reduce any other risk of harm to the University or its students, staff or property.
(3) If the student, or a person nominated by the student to accompany the student, (the relevant person) participates in the review remotely under a permission or requirement under this section, the Chair must endeavour to ensure that, as far as practicable, the relevant person is able to participate in the review to the same extent as the person would have been able to participate if the person had attended the hearing of the review in person.
(4) If the student participates in the review remotely under a permission or requirement under this section, the student is taken to have appeared in person at the review.
(5) If a person nominated by the student participates in the review remotely under a permission or requirement under this section, the person is taken to be accompanying the student, whether or not the student attends the hearing of the review in person.
(6) This section does not limit any other power of the Chair to permit or require a person, other than the student or a person nominated by the student, to participate in the review remotely by teleconference, videoconference or any other method of communication.
(7) In this section:
review includes any part of the review.
22 Non-appearance etc. before Appeals Committee
(1) This section applies to the application for review of the decision of the original decision-maker if the student:
(a) does not appear in person at the hearing of the application for review; and
(b) is not otherwise represented at the hearing; and
(c) does not make a written submission under section 20(1)(c) (Student’s rights on review).
(2) Immediately after the conclusion of the hearing:
(a) the review is taken to have been finalised; and
(b) the decision of the original decision-maker takes effect unless it has already taken effect.
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 decision is made.
[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]
24 Undertaking by student
(1) This section applies if the Appeals Committee accepts a student’s undertaking under section 23(2)(a) (Decision by Appeals Committee).
(2) The Appeals Committee must give a written copy of the undertaking to the student and the Registrar.
(3) If the student breaches the undertaking, the Appeals Committee may:
(a) revoke its earlier decision; and
(b) make any decision it could have made under section 23(1).
(4) In deciding what action (if any) to take under subsection (3)(b) because of the breach of the undertaking, the Appeals Committee may take the breach, and any explanation provided by the student for the breach, into account.
(5) Subsection (4) does not limit the matters that the Appeals Committee must or may take into account.
(6) This section does not limit any other action that may be taken in relation to the breach.
25 Decision final
The decision of the Appeals Committee is final.
Part 6—Miscellaneous
26 Joint, double or dual programs with other institutions etc.
(1) A provision of this instrument has no effect to the extent to which it is inconsistent with an agreement between the University and another university or institution that makes provision for or in relation to joint, double or dual programs offered by them (including cotutelle), or the joint, double or dual conferral of degrees or other awards by them, for students or a particular student.
(2) For subsection (1), a provision of this instrument is not inconsistent with a provision of an agreement mentioned in that subsection to the extent to which both provisions can operate concurrently.
27 Certain functions not to be exercised personally by original decision-maker
(1) This section applies to a person in relation to a reviewable decision made personally by the person.
(2) The person must not personally exercise any function under any of the following provisions in relation to the reviewable decision:
(a) section 10 (Registrar may reject invalid applications);
(b) section 11 (Registrar must refer valid applications to Appeals Committee);
(c) section 13 (Appeals Committee);
(d) section 19 (Hearing procedure);
(e) section 20 (Student’s rights on review);
(f) section 28 (Extension of time).
28 Extension of time
(1) The Registrar may extend a time limit under this instrument.
[Note: The time limit may be extended even though the relevant time has ended (see Legislation Statute, section 22 (Power to extend time)).]
(2) In deciding whether to extend a time limit, the Registrar must take into account:
(a) the reason an extension is sought; and
(b) the period of extension; and
(c) the prejudice (if any) that will be caused by the granting of the extension.
(3) An extension must be for no longer than is reasonably necessary.
Part 7—Repeal, transitional provisions and expiry
Division 7.1—Repeal
29 Repeal
The Appeals Rule 2021 is repealed.
Division 7.2—Transitional provisions
30 General application and savings
(1) This section applies to conduct engaged in by a student if:
(a) the conduct was engaged in before 1 December 2021; or
(b) the following subparagraphs apply to the conduct:
(i) the conduct was engaged in on or after 1 December 2021; and
(ii) the Academic Misconduct Rule 2015 applies to the conduct despite its repeal.
[Note: The Academic Integrity Rule 2021, section 74(3) (General application and savings: conduct in relation to courses) provides for the application of that rule for relevant conduct engaged in by a student in relation to a course that commenced before 1 December 2021.]
(2) This instrument (other than this Division) does not apply to the conduct.
(3) Despite the repeal of the Appeals Rule 2018 by the Appeals Rule 2021 but subject to this Division, the Appeals Rule 2018 continues to apply to the conduct if that rule would have applied to the conduct had it and the Appeals Rule 2021 not been repealed.
31 Transitional orders
(1) Orders made under the Governance Statute, section 68(1) (General power to make rules and orders) may prescribe matters of a transitional nature (including prescribing any savings or application provisions) relating to:
(a) the repeal of the Appeals Rule 2021; or
(b) the making of this instrument.
(2) This instrument (other than this section) does not limit the matters that may be prescribed by orders made for subsection (1).
(3) Orders made for subsection (1) have effect despite anything in this instrument (other than this section).
32 Application of Legislation Statute, section 26
(1) The Legislation Statute, section 26 (Repeal of University legislation) applies to the repeal of the Appeals Rule 2021.
(2) For the Legislation Statute, section 26 the provisions of this Division are transitional provisions.
33 Transitional provisions additional
This Division is additional to, and does not limit:
(a) the Legislation Statute, section 26 (Repeal of University legislation); or
(b) the Acts Interpretation Act, section 7 (Effect of repeal or amendment of Act), as applied by the Legislation Act, section 13(1)(a) (Construction of legislative instruments and notifiable instruments).
Division 7.3—Expiry
34 Expiry of instrument
This instrument expires 10 years after the day it commences.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
The instrument prescribes an appointments infrastructure. An Appeals Panel of at least six persons in each of two categories (students and persons with university teaching/research/arts experience) is appointed by Academic Board (s 12). For any particular review the Registrar must appoint an Appeals Committee from the Panel composed of at least four Panel members, including at least one student member and three academic-function members, a Chair (non-student) and a Secretary (s 13). The original decision-maker must not serve on the Appeals Committee (s 13(4), s 27).
On procedure, the Committee may consider new material and either deal with it on the papers or refer the matter back to the original decision-maker (s 14). Material to be relied on by the Committee must be provided to the student at least five working days before the hearing (s 15), and the student must be given not less than five working days’ written notice of hearing details (s 16). The Chair decides whether there will be an oral hearing and how the review is conducted; the Committee is bound by procedural fairness but not the rules of evidence (s 17, s 19(1)(b)(ii)). Remote participation is permitted or required by the Chair, with specified constraints (s 21). The Appeals Committee may confirm, vary, set aside, or substitute decisions and may accept student undertakings or make recommendations; however variations or substitutions must be decisions the original decision-maker could have made (s 23(1)-(3)). The Committee’s decision is final under the instrument (s 25), and reasons must be provided in writing within 10 working days (s 23(8)). There are specific rules about non-appearance (s 22), undertakings and breaches (s 24), and the limited effect of the instrument where it conflicts with formal joint-program agreements (s 26).
This description covers the instrument’s mechanics; the remainder of this deep dive attributes implied purposes from those mechanics and tests their costs, incentives, trade-offs and implementation risks against the text of the Rule.
Main concepts
The Rule organises appeals around several discrete legal and administrative concepts. The text defines and operationalises each; these are the principal concepts practitioners must map to factual scenarios.
Reviewable decision. A “reviewable decision” under the instrument is only what the Rule says it is: either a discipline decision declared reviewable in the Discipline Rule or an academic integrity decision declared reviewable in the Academic Integrity Rule (ss 5-7). The instrument therefore functions as an overlay procedural framework; the substantive scope is determined by two separate rules.
Grounds for review. A student’s application must be made on one or more enumerated grounds: procedural irregularity that may have affected the decision, bias of the decision-maker, manifestly wrong decision, mistaken application of University legislation, substantial relevant evidence not taken into account that could not have been known earlier, or penalty/action manifestly excessive (s 8). Subsection (2) clarifies that where ground (f) (manifestly excessive penalty/action) is pleaded, the penalty or action forms part of the decision for the purposes of this instrument (s 8(2)).
Administrative gatekeeping. The Registrar is given screening authority to reject applications that appear non-reviewable, not on permitted grounds, or out of time, but the Registrar must offer the applicant an opportunity to respond in writing before rejection and must give written reasons for any rejection (s 10). If not rejected the Registrar must refer to an Appeals Committee (s 11).
Appeals Panel and Appeals Committee. The Appeals Panel is a standing pool (s 12). Each review is heard by an Appeals Committee appointed from that Panel, with a minimum composition (4 Panel members including a student member and three academic-function members) and a Chair and Secretary appointed by the Registrar (s 13). A quorum is three members including the Chair (s 13(9)).
Procedural flexibility coupled with fairness. The Committee is expressly “bound by the rules of procedural fairness but is not bound by rules of evidence” (s 19(1)(b)(ii)). The Chair controls whether there is an oral hearing (s 17) and may permit or require remote participation (s 21). The Committee is empowered to inform itself “in any way it considers appropriate” (s 19(1)(b)(i)), and to accept new material and either assess it on the papers or refer back for remaking (s 14).
Finality and remedy constraints. The Appeals Committee’s decision is explicitely final under the instrument (s 25). The Committee’s power to vary or substitute a decision is constrained by s 23(3): any variation or substituted decision must be one the original decision-maker could have made.
Timelines and notice. Key time limits appear throughout: student application within 20 working days of written notification and statement of reasons (s 9(2)(d)); Registrar to provide notices and give statements of reasons on rejection (s 10(3)); Secretary must give the student material intended to be relied on no later than five working days before the hearing (s 15); notice of hearing at least five working days (s 16); the Appeals Committee must give decision and reasons within 10 working days of decision (s 23(8)).
Interaction with other instruments. The Rule includes a carve-out for joint, double or dual programs where an agreement with another institution governs (s 26). Transitional savings preserve earlier rules for certain pre-existing conduct (s 30), and the Rule is subject to transitional orders (s 31) and the Legislation Statute regime (ss 32-33).
These main concepts set the legal architecture: a constrained scope (as determined by other rules), specific grounds for review, administrative front-end screening, small-panel institutional adjudication with procedural flexibility, and internal finality. The operational impact of each concept is handled next: who is affected, what choices they must make, and what the instrument’s mechanisms incentivise.
Who it affects
The instrument identifies and affects a small set of distinct actors and interests. The text makes it possible to map who pays time and attention, who decides, and who bears the operational burdens.
Students (current, past and applicants). “Student” is defined broadly: any person who is or was enrolled in, seeking enrolment in, or given permission to audit a program or course offered by the University (s 4). The Rule imposes compliance duties and time costs on students who wish to seek review: preparing a written application specifying statutory grounds and reasons, providing any supporting material, and doing so within 20 working days of written notification and statement of reasons under the relevant rule (s 9(1)-(2)). Students who fail to appear at a hearing in person, to be represented or to make a written submission risk the review being taken as final immediately and the original decision taking effect (s 22). Students also bear the practical cost of meeting disclosure timelines (5 working days for material, s 15) and of complying with undertakings accepted by the Committee (s 24).
The Registrar and the University administration. The Registrar is given significant administrative powers and functions: to receive applications, to screen and potentially reject applications (s 10), to refer valid applications to an Appeals Committee (s 11), to appoint Appeals Committees and Chairs and Secretaries (s 13(2), (5)-(6)), and to appear in hearings in person or through an advocate with the Chair’s approval (s 19(2)(a)). The Registrar must give written notice, statements of reasons, and reasons for rejection (s 10(3), s 23(8)). The Registrar also holds discretion to extend time limits, subject to statutory criteria (s 28).
Appeals Panel members and Appeals Committee members. The Academic Board appoints an Appeals Panel comprising at least six student members and at least six non-student members with academic/arts experience (s 12). Members serve two-year terms and may be reappointed (s 12(3)). For each review the Registrar appoints an Appeals Committee from the Panel; the Committee must include at least one student member alongside three academic-function Panel members and a Chair (s 13(3)-(6)). Members incur adjudicative workload, must respect procedural fairness but are not bound by rules of evidence (s 19(1)(b)(ii)), and must avoid conflicts such as being the original decision-maker (s 13(4), s 27).
Student association and nominated observers. Before hearing the student may tell the President of the student association about the hearing (s 16(1)); the student may be accompanied by a person nominated by the student, who can observe and, with the Chair’s express approval, act as advocate (s 20(2)). The Chair must adjourn if an advocate is approved and the Registrar is not present, to allow the Registrar to appear (s 20(3)). The student association thus has a peripheral role in representation and advocacy.
Witnesses and third parties. The Committee can hear witnesses and accept new material (s 14, s 19(2)(b)). Attendance at hearings is limited by default to specified persons, including witnesses called to give evidence (s 19(4)). Third institutions may be relevant where joint program agreements apply and their agreement can take precedence over parts of this instrument (s 26).
Original decision-maker. The original decision-maker is explicitly disqualified from exercising certain functions in relation to a review of their own decision (s 27). They cannot personally exercise functions under s 10 (Registrar may reject), s 11 (refer valid applications), s 13 (Appeals Committee, i.e., be on it), s 19 (hearing procedure), s 20 (student’s rights on review), or s 28 (extension of time).
University governance bodies. Academic Board appoints the Appeals Panel (s 12). The Governance Statute provides enabling authority (s 3) and transitional orders may be made under s 68(1) (s 31).
Incentives and burdens: students are incentivised to lodge succinct, grounded applications within a firm time window and to present new evidence only where it could not reasonably have been known earlier (s 8(1)(e)). The Registrar has gatekeeping and administrative workload and discretion (s 10, s 11, s 13). Appeals Committee members must balance prompt decision-making with procedural fairness in an environment not constrained by strict evidentiary rules (s 19). For joint programs the Rule yields to express agreements, reducing the University’s unilateral control in those circumstances (s 26).
Key duties and rights
The instrument creates specified duties for administrators and rights for applicants and decision-makers. These are framed as procedural entitlements and constrained powers; obligations and rights are linked to timeframes and form.
Student duties and rights
Duty to apply in writing on prescribed grounds and within timeframe. A student may apply for review only if the decision affects them in their capacity as a student (s 9(1)). The application must be in writing, specify grounds under s 8, include reasons, and be given to the Registrar within 20 working days after the student is told in writing of the decision and given a statement of reasons under the relevant rule (s 9(2)).
Right to have materials provided. The Secretary must provide the student with a copy of the material the Appeals Committee intends to rely on no later than five working days before the hearing (s 15). The Appeals Committee must take into account submissions by the student (s 19(1)(b)(iii)).
Rights at hearing. The student may appear personally, call and question witnesses, and make oral or written submissions (s 20(1)). The student may be accompanied by a nominated person who may observe and, with the Chair’s express approval, act as advocate (s 20(2)). If the Chair grants such approval and the Registrar is not present, the Chair must adjourn to enable the Registrar to appear (s 20(3)).
Remote participation rights. The Chair may permit or require participation remotely; where permitted or required the Chair must endeavour to enable participation to the same extent as if present, and remote participation counts as appearance (s 21(1), (3), (4)).
Registrar duties and rights
Gatekeeping duty with procedural protections. The Registrar may reject applications for specified reasons (s 10(1)) but must allow the applicant an opportunity to make a written submission about the proposed rejection (s 10(2)). If an application is rejected the Registrar must notify the applicant and the original decision-maker and give written reasons as soon as practicable (s 10(3)).
Referral duty. If the Registrar does not reject the application, they must refer it to an Appeals Committee (s 11).
Appointment and participation. The Registrar must appoint an Appeals Committee and appoint the Chair and Secretary (s 13(2), (5)-(6)). The Registrar may appear in hearings, or through an advocate with Chair approval, call and question witnesses, and make submissions (s 19(2)).
Appeals Committee duties and rights
Composition and quorum. The Committee must include at least four members from the Appeals Panel, including the student member and three academic-function members, have a Chair and a Secretary (s 13(2)-(6)), and hold a quorum of three members including the Chair (s 13(9)).
Procedural powers balanced with fairness. The Committee may determine procedure, inform itself in any way, is bound by procedural fairness but not by rules of evidence (s 19(1)). The Chair decides whether to hold an oral hearing (s 17).
Decision powers and constraints. After considering the review, the Committee may confirm, vary, set aside, or substitute decisions (s 23(1)). Any variation or substitution must be a decision the original decision-maker could have made (s 23(3)). For academic-integrity and discipline penalty questions, the Committee must take into account a specified non-exhaustive list of matters including nature and severity, harm caused, and objectives of punishment, deterrence and rehabilitation (s 23(4)-(7)).
Record-keeping and reasons. The Committee’s decision and reasons must be given in writing to the student and the Registrar within 10 working days after the decision (s 23(8)).
Other duties
Secretary’s duty to disclose material timely. The Secretary must give the student the material the Committee intends to rely on no later than five working days before the hearing (s 15).
Original decision-maker restrictions. A person who made the reviewable decision must not personally exercise key functions in relation to the review (s 27).
Registrar’s extension power. The Registrar may extend time limits, including after they have ended, considering reason for extension, period, and prejudice, and for no longer than reasonably necessary (s 28).
These duties and rights create a structured but administratively concentrated regime. The student has a set of procedural rights in respect of notice, access to materials and participation; the administration has duties to screen, appoint and provide reasons; the Committee has wide fact-finding powers but is constrained by procedural fairness and by the boundaries of what the original decision-maker could have done.
Penalties and enforcement
The instrument itself does not create criminal sanctions or monetary penalties. Its enforcement is procedural: it prescribes remedies and administrative consequences for decisions under the Academic Integrity Rule and the Discipline Rule. The text sets out the mechanisms by which penalties imposed under those rules may be reviewed and modified.
Scope of review of penalties. The grounds for review include that a penalty or other action was manifestly excessive (s 8(1)(f)). If that ground is asserted, the penalty or action is treated as part of the decision for the purposes of review (s 8(2)). Where an application concerns only penalty or other action, the Appeals Committee must consider only that question (s 18).
Decision powers in relation to penalties. The Appeals Committee may confirm, vary, set aside, or substitute decisions (s 23(1)). When varying or substituting a penalty, the Committee is limited to decisions the original decision-maker could have made (s 23(3)). In deciding on penalties under the Academic Integrity Rule and the Discipline Rule the Committee must take into account particular factors, including nature and severity, harm, objectives of punishment, deterrence and rehabilitation, and health and safety concerns (s 23(4)-(7)).
Undertakings and breach. The Committee may accept undertakings from a student (s 23(2)(a)). If an accepted undertaking is later breached, the Committee may revoke its earlier decision and make any decision it could have made under s 23(1), taking the breach and any explanation into account (s 24).
Procedural enforcement. The Rule enforces procedural obligations by timing and disclosure requirements: applications must meet the 20 working day deadline and set out grounds; failure to appear or make submissions when required leads, where the student does not appear, is not represented and has not made a written submission, to immediate finalisation of the review with the original decision taking effect (s 22).
Finality. The instrument states that the Appeals Committee’s decision is final (s 25). The Rule does not itself address external enforcement avenues such as judicial review, external tribunals, or complaints to other bodies; it frames internal administrative finality.
Effect on original decisions and remaking. If new material is provided to the Committee that was not before the original decision-maker, the Committee may assess it on the papers and, if it finds the information cogent and substantial, refer the decision back to the original decision-maker to remake the decision (s 14). A remade decision stands in place of the original and may itself be the subject of another application if reviewable (s 14(3)).
In practice, penalties imposed under the Academic Integrity Rule or Discipline Rule are enforceable through internal mechanisms: the Committee can adjust those penalties but only within the original decision-maker’s power and subject to non-exhaustive sentencing-type considerations (ss 18, 23). Breach of undertakings permits reinstatement or fresh decision-making. The instrument’s enforcement is therefore administrative and corrective rather than penal in the criminal or civil enforcement sense.
How it interacts with other laws
The Rule is explicitly framed as part of the University’s legislative architecture and interacts with other University instruments and agreements; the text also contains transitional and supremacy-type provisions. The instrument’s express interactions are the principal points to note.
Dependent scope: Academic Integrity Rule and Discipline Rule. The Rule’s substantive jurisdiction is derivative: a “reviewable decision” is either a discipline decision declared reviewable in the Discipline Rule or an academic integrity decision declared reviewable in the Academic Integrity Rule (ss 5-7). The Rule therefore operates as a procedural overlay that applies only when those underpinning rules declare a particular decision reviewable.
Governance Statute authority. The instrument is made under the Governance Statute 2023, s 68(1) (General power to make rules and orders) (s 3). That statute supplies enabling authority and may contain additional definitions and cross-references relevant to this instrument, as noted by the Rule’s cross-reference to the Legislation Statute dictionary for university-wide definitions (s 4 note).
Legislation Statute and transitional repeals. The Rule repeals the Appeals Rule 2021 (s 29) and provides transitional savings for conduct prior to or subject to prior rules (Div 7.2, especially s 30). It expressly invokes the Legislation Statute, s 26 (Repeal of University legislation) in relation to repeal (s 32). Orders may be made under Governance Statute s 68(1) for transitional purposes (s 31), and those orders have effect despite anything in the instrument (s 31(3)).
Contractual agreements for joint programs. The Rule gives way to agreements with other universities or institutions governing joint, double or dual programs (including cotutelle) to the extent of inconsistency (s 26(1)). A provision of this instrument has no effect insofar as inconsistent with such an agreement; parties may have greater or different procedural arrangements in those agreements, and the instrument acknowledges concurrency where possible (s 26(2)).
Procedural statutes and service. The Rule directs readers to other statutory provisions for definitions and service mechanics. For example, it notes that definitions applying to University legislation are in the Legislation Statute’s dictionary and that service of notices is governed by Legislation Statute s 24 (s 4 note, s 10(3) note, s 16 note, s 23(8) note). The Rule does not redistribute legal rights outside the University framework.
Interaction with delegation rules and Acts Interpretation Act. The Registrar may delegate appearance and other functions (s 19(2) note referring to Governance Statute s 67), and functions exercised by delegates are taken to have been exercised by the Registrar per the Acts Interpretation Act (s 19(2) note referencing Acts Interpretation Act s 34AB(1)(c)). The instrument therefore sits within a wider delegation and interpretation framework.
Finality versus external law. The Rule states that the Appeals Committee decision is final (s 25). The instrument does not address or limit rights under external law (for example judicial review), nor does it purport to constrain other statutory or common law remedies. The instrument’s explicit “finality” is internal to the University’s administrative framework; the text contains no express abrogation of external forums.
Consistency and concurrent operation. Section 26(2) clarifies that a provision of this instrument is not inconsistent with an agreement for joint programs to the extent both can operate concurrently. This allows parallel application where possible and indicates the Rule will not automatically displace contractual arrangements.
In short, this instrument is an internal procedural rule that relies on and defers to other University rules for substantive scope, acknowledges statutory delegation and service mechanisms, and yields to contractual agreements with partner institutions where inconsistent. Its interactions with external (non-University) legal remedies are not articulated in the text.
Amendment history
The instrument contains its own limited legislative history in the text; it is short and recent, and the Rule itself provides for repeal of its predecessor and for transitional arrangements. The Rule records the following changes or legal events within its text:
Repeal of predecessor instrument. The Appeals Rule 2021 is expressly repealed by s 29.
Transitional provisions preserving earlier rules. Division 7.2 provides transitional savings and application rules. Section 30 preserves application of earlier forms of academic integrity or misconduct rules for certain conduct (conduct before 1 December 2021 or certain conduct to which the Academic Misconduct Rule 2015 applies), and makes clear that this instrument does not apply to that conduct (s 30(1)-(2)). Section 31 authorises transitional orders under the Governance Statute s 68(1) to prescribe transitional matters relating to the repeal and making of the instrument; such orders have effect despite anything in the instrument (s 31(3)). Sections 32 and 33 specify that the Legislation Statute s 26 applies and that this Division is additional to that statute and the Acts Interpretation Act (s 32-33).
Commencement date and expiry. The instrument commences on the later of registration or 1 July 2023 (s 2). The instrument expires 10 years after its commencement (s 34).
Status at signature. The instrument was made by the Vice-Chancellor (Professor Brian P. Schmidt) on 5 July 2023, as recorded at the front of the text.
No other amendments, schedules, or historical versions are recorded within this instrument. The Rule provides a mechanism for future transitional orders under s 31; those orders could, subject to proper exercise, amend transitional effects but the text does not itself amend other instruments beyond repealing the Appeals Rule 2021 and providing transitional savings.
Litigation history
The instrument’s text does not identify any litigation, judicial decisions, or case law concerning its operation. The Rule contains no citations to judicial authorities and names no cases. It is an administrative instrument establishing internal procedure; any litigation history must be sought outside the instrument itself.
Two relevant textual points for practitioners interested in potential disputes are:
Internal finality. The Rule states the Appeals Committee decision is final (s 25). This is an internal finality statement; it does not address external judicial remedies. The text does not expressly restrict or comment on judicial review, merits review by external bodies, or other legal processes.
Procedural fairness obligation. The Appeals Committee is “bound by the rules of procedural fairness” (s 19(1)(b)(ii)). As a matter of administrative law, a failure to observe procedural fairness can give rise to judicial review in the broader legal system. The instrument therefore creates an internal obligation that could, depending on the facts and external law, be a ground for external challenge if the Committee acting under the Rule failed to observe procedural fairness. The text itself does not discuss or circumscribe external legal remedies.
Because the Rule contains no litigation references, research into any litigation that has arisen under it must be conducted in external sources such as court records, tribunals or publicly available decisions. This instrument should be treated as the internal procedural backdrop; the presence of a written procedural-fairness obligation (s 19(1)(b)(ii)) flags where external review might be contemplated on ordinary administrative-law principles but the Rule itself includes no litigation record.
Gotchas
The Rule contains several operational traps and non-obvious constraints that cause procedural risk if overlooked. The following points are concrete, text-grounded practical pitfalls for students, representatives and administrators.
Narrow, prescribed grounds for review. An application must be made on one or more statutory grounds listed at s 8 (procedural irregularity that may have affected the decision; bias; manifestly wrong; mistaken application of University legislation; substantial relevant evidence not taken into account that could not have been known earlier; manifestly excessive penalty or action). Applications that attempt to raise other grounds risk rejection under s 10(1)(b). The Registrar may reject applications that are not made on the required grounds, but must give the applicant an opportunity to make a written submission before rejection (s 10(2)).
Strict time limit and trigger. The 20 working day clock runs from the day the student is told in writing about the decision and is given a statement of reasons under the relevant rule (s 9(2)(d)). If students misunderstand when the clock starts (for example if they were orally told earlier or if reasons were provided in a different form), they risk late applications. The Registrar may extend time limits (s 28) but only after considering the reason for the extension, the period, and prejudice, and for no longer than reasonably necessary (s 28(2)-(3).
Original decision-maker exclusion. The person who made the reviewable decision must not personally exercise several key functions in relation to the review (s 27). If administrative design inadvertently permits the original decision-maker to participate, that could be a procedural fault.
Material late and new evidence constraints. The ground based on new evidence requires that the evidence was not taken into account by the decision-maker and could not have been known to the student and provided earlier (s 8(1)(e)). This is a substantive threshold: evidence known to the student earlier but not produced will not meet the ground. New material provided to the Committee may be dealt with on the papers or referred back to the original decision-maker; a remade decision can itself be re-reviewed if reviewable (s 14).
Limited scope where only penalty is challenged. If the application relates only to penalty or other action, the Appeals Committee must consider only that question (s 18). Applicants should distinguish between challenging the finding itself and challenging only the penalty as this affects the scope of review.
Finality within the University. The Appeals Committee decision is final under the instrument (s 25). An applicant therefore cannot expect an internal further merits appeal under this instrument. The instrument does not speak to external remedies, but internal finality creates a strong administrative endpoint.
Procedural default consequences. If the student does not appear in person, is not otherwise represented, and does not make a written submission, the review is taken to have been finalised immediately after the hearing and the original decision takes effect unless it has already taken effect (s 22). Passive non-participation can terminate review opportunities.
Disclosure and short notice. Material the Committee intends to rely upon must be provided to the student no later than five working days before the hearing (s 15), and notice of the hearing must be not less than five working days (s 16). Tight compliance schedules for disclosure and hearing notice can impose burdens on students and administrators; missing these timelines could raise procedural fairness concerns.
Chair controls hearing format. The Chair decides whether there will be an oral hearing and how the review is conducted (s 17). The Chair may permit or require remote participation (s 21). Parties can be disadvantaged if the Chair’s directions limit effective participation, though the Committee remains bound by procedural fairness (s 19(1)(b)(ii)).
Non-statutory representation constraints. The student’s nominated companion may act as an advocate only with the Chair’s express approval (s 20(2)(b)). If the Chair approves the student’s advocate while the Registrar is not present, the Chair must adjourn to allow Registrar appearance (s 20(3)). This provision can cause adjournments and scheduling complexity.
Composition and quorum practicalities. Appeals Committee composition requires at least one student member and three academic-function members from the Panel; the quorum is three members including the Chair (s 13(3), (9)). If Panel membership is thin or members are unavailable, convening a compliant committee may be difficult.
Joint program overrides. For students in joint, double or dual programs, parts of this instrument will have no effect to the extent inconsistent with an agreement with other institutions (s 26). Students and administrators must check partner-institution agreements before assuming this Rule applies in full.
Undertaking consequences. If the Committee accepts an undertaking and the student later breaches it, the Committee may revoke its earlier decision and make any decision it could have made under s 23(1) (s 24). Accepting an undertaking therefore carries significant contingent risk for students.
These “gotchas” follow directly from the Rule’s text and impose substantive choices: students must be proactive and time-sensitive; administrators must respect screening and disclosure obligations; Chairs must manage hearings with attention to procedural fairness; and universities with joint-program arrangements must reconcile potentially conflicting instruments.
How to comply
Practical, text-grounded compliance steps for students, administrators and panel members follow from the duties and timelines in the Rule. The list below maps the Rule’s provisions into concrete actions to reduce procedural risk.
For students (applicants)
Start the clock. Identify precisely when you were told in writing of the decision and when you received the statement of reasons under the Academic Integrity Rule or Discipline Rule. The 20 working day application period runs from that event (s 9(2)(d)).
Prepare a focused written application. The application must be in writing, specify at least one of the grounds in s 8, and include a statement setting out the student’s reasons in support of the grounds (s 9(2)(a)-(c)). Tailor the application to the statutory grounds. For claims based on new evidence (s 8(1)(e)), explicitly explain why the evidence could not have been known earlier.
Collate and time supporting material. Include any documents or witness statements as attachments where possible. Remember the Secretary must provide you with material the Appeals Committee intends to rely on at least five working days before the hearing (s 15); plan to review and, if necessary, seek an extension from the Registrar (s 28).
Seek assistance early. If you intend to be accompanied by a person who will act as advocate, seek the Chair’s approval early. Note that if the Chair approves an advocate and the Registrar is absent, the Chair must adjourn to allow the Registrar to appear (s 20(3)). Inform the President of the student association if you wish, as permitted by s 16(1).
Consider written submissions if unable to attend. If you cannot attend the hearing in person and do not obtain representation, make sure to lodge a written submission to avoid automatic finalisation under s 22.
If late, apply for extension promptly. The Registrar may extend time limits; in your extension application explain reasons for delay, the specific period sought and why prejudice will not result, as the Registrar must consider these factors (s 28(2)). Extensions must be no longer than reasonably necessary (s 28(3)).
For the Registrar and administrative staff
Record and document notices and reasons. Ensure the original decision letter and statement of reasons are provided in writing in a way that triggers the student’s 20 working day period (s 9(2)(d)). Maintain a service record as the Legislation Statute prescribes (notes at ss 10 and 16).
Screening with natural justice. If an application appears out of time, out of scope or not on permitted grounds, give the applicant an opportunity to make a written submission about proposed rejection before rejecting it (s 10(2)). Provide prompt written notice and reasons to both applicant and original decision-maker if rejecting (s 10(3)).
Appoint Appeals Committees from the Appeals Panel. Maintain an up-to-date Appeals Panel of at least six student and six academic-function members (s 12(2)). For each review, appoint an Appeals Committee including at least one student member and three academic-function members, a non-student Chair and a non-member Secretary (s 13(2)-(6)). Ensure original decision-makers are excluded from serving on Committees considering their own decisions (ss 13(4), 27).
Provide material in time. Ensure the Secretary provides the student with a copy of material the Committee intends to rely on no later than five working days before the hearing (s 15). Give not less than five working days written notice of the hearing date, time and place (s 16(2)(b)).
Manage representation logistics. If the Registrar intends to appear through an advocate, obtain the Chair’s express approval for the advocate (s 19(2)(a)). Where approvable, delegate appearance functions in line with the Governance Statute’s delegation rules (s 19(2) notes).
Apply extension criteria consistently. When extending time limits consider the reason for extension, the period requested and prejudice to parties, and document the decision and rationale in accordance with s 28.
For Appeals Committee Chairs and members
Chair’s procedural control. Decide early whether an oral hearing is required by reference to the factors in s 17(2) (timeliness, stress to parties, other relevant factors). Record reasons for proceeding with or without an oral hearing.
Ensure procedural fairness. Even though the Committee is not bound by rules of evidence, it is required to observe procedural fairness (s 19(1)(b)(ii)). Make procedural directions transparent and consistent.
Manage remote participation. If permitting or requiring remote participation, specify the communication method and arrangements in writing and endeavour to ensure remote participants can participate to the same extent as in-person participants (s 21(1), (3)).
Confidentiality and attendance. Enforce attendance limits at hearings as set out in s 19(4), and make explicit any departures or approvals under s 19(4) where appropriate.
Dealing with new material. If material not before the original decision-maker is presented, assess whether it is cogent, relevant and substantial on the papers; if so, consider referral back to the original decision-maker (s 14). If referring back, note that a remade decision stands in place of the original and may itself be reviewable (s 14(3)).
Reasons and timing. Prepare written decisions and reasons and ensure they are delivered to the student and the Registrar within 10 working days of the decision (s 23(8)). Where the Committee accepts an undertaking, produce and provide a written copy to the student and Registrar (s 24(2)).
For institutions handling joint-program students
Check partner agreements. Before applying the Rule to students in joint, double or dual programs, confirm whether an agreement with the partner institution contains inconsistent provisions; where inconsistency exists the Rule will have no effect to that extent (s 26(1)).
Where both provisions can operate concurrently do so. If the agreement and the Rule can operate concurrently the Rule is not automatically displaced (s 26(2)).
Across all actors
Maintain records of service and timing. The Rule’s various time triggers and delivery obligations make contemporaneous record-keeping essential (see ss 9, 15, 16, 23 and the Legislation Statute references).
Train staff and panel members in the specified grounds for review. Because admissibility turns on the statutory grounds in s 8 and the Registrar has screening power (s 10), familiarity with those grounds is crucial to avoid incorrect rejections or admissions.
Implementing the checklist above aligns administrative behaviour with the instrument’s procedural architecture and reduces the specific compliance risks the Rule creates.
This instrument commences on the later of the following:
(a) the day after it is registered;
(b) 1 July 2023.
3 Authority
This instrument is made under the Australian National University (Governance) Statute 2023, section 68(1) (General power to make rules and orders).
4 Definitions
In this instrument:
academic integrity decision: see section 7 (Academic integrity decisions).
Appeals Committee means an Appeals Committee appointed under section 13 (Appeals Committee).
course means a subject of scholarly study, whether it is taught:
(a) in a connected series of classes or demonstrations; or
(b) by means of practical work, including, for example, the production by students of essays, theses or case studies or the attendance and participation by students in seminars or workshops; or
(c) by clinical or professional practice; or
(d) in another way or in a combination of ways.
discipline decision: see section 6 (Discipline decisions).
property includes any form of real or personal property.
Example of property
Intellectual property, including intellectual property in any data or information.
reviewable decision: see section 5 (Meaning of reviewable decision).
Secretary, to an Appeals Committee, means the person appointed as Secretary to the Appeals Committee under section 13(6) (Appeals Committee).
student means a person who is or was enrolled in, or seeking enrolment in, a program or course offered by the University, or who is or was given permission by the University to audit a program or course offered by the University.
[Note: For definitions applying to University legislation generally, see the dictionary in the Legislation Statute. That dictionary defines terms relevant to this instrument, including the following:
breach
University legislation (see section 6)
working day.]
Part 2—Reviewable decisions
5 Meaning of reviewable decision
A decision is a reviewable decision under this instrument if it is:
(a) a discipline decision; or
(b) an academic integrity decision.
6 Discipline decisions
A decision is a discipline decision if it is declared to be a reviewable decision by the Discipline Rule.
7 Academic integrity decisions
A decision is an academic integrity decision if it is declared to be a reviewable decision by the Academic Integrity Rule.
Part 3—Application for review
8 Grounds for review of reviewable decisions
(1) An application by a student for review of a reviewable decision must be made on 1 or more of the following grounds:
(a) that a procedural irregularity happened that may have affected the decision made by the decision-maker;
(b) that the decision-maker was biased;
(c) that the decision was manifestly wrong;
(d) that the decision was made in a mistaken application of applicable University legislation;
(e) that there is substantial relevant evidence that:
(i) was not taken into account by the decision-maker; and
(ii) could not have been known to the student and provided to the decision-maker before the decision was made;
(f) that a penalty imposed on the student, or any other action taken in relation to the student, under the Academic Integrity Rule or Discipline Rule was manifestly excessive.
(2) If an application for review includes the ground mentioned in subsection (1)(f), the penalty or other action is taken to form part of the decision for this instrument.
9 Affected student may make application for review
(1) A student may make an application for review of a decision if the decision is a reviewable decision affecting the student in the student’s capacity as a student.
(2) The application must:
(a) be in writing; and
(b) specify the grounds on which the student relies; and
(c) include, or be accompanied by a statement setting out, the student’s reasons in support of those grounds; and
(d) be given to the Registrar within 20 working days after the day the student:
(i) is told in writing under the Academic Integrity Rule or Discipline Rule about the decision; and
(ii) given a statement of reasons under Academic Integrity Rule or Discipline Rule for the decision.
10 Registrar may reject invalid applications
(1) The Registrar may reject an application for review of a decision if it appears:
(a) that the decision is not a reviewable decision; or
(b) that the application is not made on 1 or more of the grounds required by this instrument; or
(c) that the application has not been made within the time required by this instrument.
(2) However, the Registrar may reject the application only if the Registrar has given the applicant an opportunity to make a written submission about the proposed rejection.
(3) If the Registrar rejects the application under this section, the Registrar must, as soon as is practical:
(a) tell the applicant and the decision-maker in writing about the decision; and
(b) give them a written statement of reasons for the decision.
[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]
11 Registrar must refer valid applications to Appeals Committee
(1) This section applies if the Registrar does not reject an application for review of a decision under section 10 (Registrar may reject invalid applications).
(2) The Registrar must refer the application to an Appeals Committee.
Part 4—Appointment of Appeals Committee
12 Appeals Panel
(1) There is to be an Appeals Panel appointed by the Academic Board.
(2) The Appeals Panel is to consist of at least 6 persons in each of the following categories:
(a) students appointed after consultation with the student association;
(b) persons who have knowledge or experience in the teaching, research, or visual and performing arts, functions of the University.
(3) A member of the Appeals Panel:
(a) holds office, subject to this instrument, for 2 years; and
(b) is eligible for reappointment; and
(c) may resign by written notice given to the Registrar.
(4) If a student who has been appointed to the Appeals Panel ceases to be a student, the person ceases to be a member of the Appeals Panel.
(5) In this section:
student means a person who is enrolled in a program or course offered by the University.
13 Appeals Committee
(1) This section applies if the Registrar is required to refer an application for review of a decision to an Appeals Committee.
(2) The Registrar must appoint an Appeals Committee for the review.
(3) The Appeals Committee must include at least 4 members of the Appeals Panel, including:
(a) 1 member (the student member) appointed to the Appeals Panel under section 12(2)(a) (Appeals Panel) and
(b) 3 members appointed to the Appeals Panel under section 12(2)(b).
(4) A person appointed to the Appeals Committee must not be the original decision-maker.
(5) The Registrar must appoint a person (other than the student member) to be the Chair of the Appeals Committee.
(6) The Registrar must appoint a person (other than a member of the Appeals Committee) to be the Secretary to the Appeals Committee.
(7) The Registrar may appoint a person (other than a member of the Appeals Committee) to assist the Appeals Committee in the hearing of the application for review.
(8) If the Appeals Committee is appointed to consider an application for review relating to an academic integrity decision, the Appeals Committee must include a person from the relevant academic discipline or, if this is not possible, a related academic discipline.
(9) The quorum for a meeting of the Appeals Committee (including a hearing) is 3 members, including the Chair.
Part 5—Consideration by Appeals Committee
14 Additional material
(1) If material is made available to the Appeals Committee that was not before the original decision-maker, the Appeals Committee may assess the material in a summary way on the papers without conducting a hearing.
(2) If, on review of the material, the Appeals Committee considers the information to be cogent, relevant or substantial, it may refer the decision back to the original decision-maker to remake the decision.
(3) A decision remade following a referral back to the original decision-maker under this section:
(a) stands in place of the original decision; and
(b) to remove any doubt, may be the subject of an application for review under this instrument if it is a reviewable decision.
15 Material to be provided to student
The Secretary to the Appeals Committee must provide the student applicant for the review with a copy of the material on which the Appeals Committee intends to rely no later than 5 working days before the day the application for review is to be heard.
16 Notification of hearing etc.
(1) Before the Appeals Committee hears the application for review, the student may, if the student wishes, tell the President of the student association about the hearing.
(2) The Appeals Committee must:
(a) fix a date, time and place for the hearing of the application for review; and
(b) give not less than 5 working days written notice of the date, time and place of the hearing to the student.
[Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]
17 Decision whether to conduct oral hearing
(1) The application for review may be decided with or without an oral hearing.
(2) In deciding whether the application for review is to be decided with or without an oral hearing, the Appeals Committee may take into account:
(a) whether the parties can participate in an oral hearing within a reasonable time; and
(b) whether an oral hearing would unnecessarily subject a party or a witness to stress; and
(c) any other relevant factor.
[Note: A person may be permitted or required to participate in the review remotely (see section 21 (Remote participation in review)).]
(3) The Chair of the Appeals Committee must decide how the review is to be conducted.
18 Applications for review relating only to penalty or other action taken
If the application for review relates only to the penalty imposed, or other action taken, under the Academic Integrity Rule or the Discipline Rule, the Appeals Committee must consider only the question of the penalty or other action.
19 Hearing procedure
(1) At the hearing of the application for review:
(a) the procedure to be followed is, subject to this Part, at the discretion of the Appeals Committee; and
(b) the Appeals Committee:
(i) may inform itself on any matter in relation to the review in any way it considers appropriate; and
(ii) is bound by the rules of procedural fairness but is not bound by rules of evidence; and
(iii) must take into account any submission made by the student or the Registrar.
(2) At the hearing of the application for review, the Registrar may:
(a) appear in person or, with the express approval of the Chair of the Appeals Committee, through an advocate; and
(b) call and question witnesses; and
(c) make written or oral submissions.
[Note 1: The Registrar may delegate the function of appearing in person and other functions under this subsection (see Governance Statute, section 67 (Delegation and subdelegation of functions of other University officials)).]
[Note 2: A function exercised by a delegate (or subdelegate) of the Registrar is taken to have been exercised by the Registrar (see Acts Interpretation Act, section 34AB(1)(c)).]
(3) The hearing of evidence by the Appeals Committee may be adjourned from time to time and from place to place.
(4) Unless the Appeals Committee otherwise directs, a person is not entitled to be present at the hearing of the application for review unless the person is:
(a) a member of the Appeals Committee; or
(b) the Registrar or an advocate for the Registrar; or
(c) the student or the person nominated by the student under section 20(2) (Student’s rights on review); or
(d) the Secretary to the Appeals Committee; or
(e) a person giving evidence before the Appeals Committee; or
(f) a person appointed under section 13(7) (Appeals Committee) to assist the Appeals Committee.
(5) The hearing of the application for review is not ineffective only because of a formal defect or irregularity in the conve
This is an opening excerpt, not the complete document.