THE AUSTRALIAN NATIONAL UNIVERSITY
appeals RULE 2015
EXPLANATORY STATEMENT
1. Authority for making the instrument: Appeals Statute 2014, section 3.
2. Purpose and operation of the instrument: The Rule defines reviewable decisions and establish criteria and procedures for the hearing of applications for a review of a reviewable decision.
3. Documents incorporated in the instrument by reference: None.
4. Consultation process: The Rule was made by the Vice-Chancellor on the recommendation of the Academic Board.
Corporate Governance and Risk Office
11 December 2015
Overview
The Australian National University Appeals Rule 2015 was enacted to establish a formal framework for the review of decisions made by the university. This rule was introduced to address the need for a clear and consistent process for handling appeals within the university's administrative and academic structures. It was enacted under the authority of the Appeals Statute 2014, section 3, and is designed to ensure that the criteria and procedures for reviewing decisions are both transparent and accessible to those affected. The purpose of the rule is to define which decisions can be reviewed and to outline the steps and criteria necessary for the hearing of such applications. This legislative instrument was developed following recommendations from the Academic Board and was endorsed by the Vice-Chancellor, reflecting the institution's commitment to maintaining high standards of academic and administrative governance.
Scope and Application
The Australian National University Appeals Rule 2015 applies to students and staff of the university who seek to review decisions made by the institution. This encompasses a wide array of reviewable decisions, which are explicitly defined within the Rule, including but not limited to academic and disciplinary matters. The Rule establishes clear criteria and procedures for the submission and hearing of appeals, ensuring that the process is conducted fairly and transparently. Geographically, the Rule applies within the jurisdiction of the Australian National University, and its provisions are applicable to all decisions made by the university, regardless of the location of the decision-maker or the party affected. There are no stated exclusions or exemptions within the Rule, meaning that all eligible parties have the right to seek a review under its provisions. The scope and application of the Rule can be extended or restricted through subordinate instruments, although no such instruments are referenced in the explanatory statement.
Key Provisions
The Australian National University Appeals Rule 2015, made under the authority of the Appeals Statute 2014, section 3, primarily serves to define what types of decisions are reviewable and sets forth the criteria and procedures for hearing appeals against those decisions (sections 2 and 3). These provisions ensure that students and staff have a clear understanding of which decisions can be appealed and the formal process they must follow to do so.
Under these rules, the University delineates specific types of decisions that can be subject to review, including academic decisions such as grades and disciplinary actions, as well as administrative decisions that may affect a student's or staff member's rights or interests. The Rule establishes that appeals must be lodged within a specified timeframe and must adhere to certain procedural requirements, such as providing written submissions and attending a hearing if required. This helps to ensure that appeals are considered fairly and transparently.
The obligations imposed by the Rule on the parties involved are significant. Students and staff who wish to appeal a decision must submit their appeal within the prescribed period and provide all necessary documentation and evidence to support their case. The University, on the other hand, is required to establish an appeal process that is accessible, fair, and timely. This includes setting up an appeals committee responsible for hearing and deciding on appeals, ensuring that all parties have an opportunity to present their case, and providing a written decision with reasons.
Failure to comply with the provisions of the Rule can have serious consequences. While the Rule itself does not explicitly outline specific offences or penalties for non-compliance, breaches of the procedural requirements for lodging an appeal could result in the appeal being dismissed. Furthermore, if an appeal is found to have been submitted beyond the allowable timeframe, it may not be accepted for consideration. These consequences underscore the importance of adhering to the established procedures and deadlines.