Explanatory Statement: Appeals Rule 2018
Authority for making the instrument
This instrument is made under the Appeals Statute 2014, section 3.
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.
Documents incorporated by reference
None.
Consultation
The Australian Human Rights Commission in August 2017 published: Change the Course; National report on sexual assault and sexual harassment at Australian universities. The University commissioned an independent report by Rapid Context in response and agreed to undertake a number of actions in response to both reports. Firstly the Respectful Relationships Steering Committee was established to oversee the implementation of the recommendations, with a Working Group to action those items.
One of them included reviewing the procedures and mechanisms under which disciplinary action may be taken, which includes associated appeal mechanisms. The amendments to the current Discipline Rule and Appeals Rule follow from the Report. They were initially limited in nature and did not involve a major overhaul of the Rules, rather, in the words of the Report, they ‘seek to amend and supplement those rules so that they may operate more effectively to benefit the University as a whole’.
However, there were a number of other areas for improvement, some driven by other issues, not related to the AHRC report, and the University has taken this opportunity to make those further changes beyond those recommended by the AHRC report. The result is a more comprehensive review and update of the current Discipline Rule and Appeals Rule.
Drafting instructions for the new Appeals Rule were prepared by the Deputy General Counsel and the instruments were drafted by the University’s legislative drafter.
Both Division of Student Administration and Dean of Students were consulted and assisted with instructions on the draft Rule, including attending a number of meetings with the Deputy General Counsel and the legislative drafter.
The key changes to the new Appeals Rule 2018 were discussed by the Respectful Relationships Steering Committee at their 14 March 2018 meeting, that was attended by all relevant stakeholders and it was agreed that the revised version be recommended to the Vice-Chancellor to be enacted.
As approved by Professor Brian P. Schmidt,
Vice-Chancellor of the Australian National University on 19 March 2018.
Overview
The Appeals Rule 2018 was enacted to provide a more effective framework for the review of decisions within the Australian National University. This legislative instrument was made under the Appeals Statute 2014, section 3, by the Australian National University and came into effect on 19 March 2018. The primary objective of this Rule is to define reviewable decisions and establish clear criteria and procedures for the hearing of applications seeking a review of these decisions. The creation of this Rule follows recommendations from the Australian Human Rights Commission's "Change the Course" report and an independent review by Rapid Context, which highlighted the need for improved procedures and mechanisms for handling disciplinary actions and appeals within the University. This legislative update aims to enhance the overall effectiveness of the University’s disciplinary and appeal processes, responding to both internal and external recommendations for reform.
Scope and Application
The Appeals Rule 2018 applies to students of the Australian National University (ANU) who are subject to the university's disciplinary procedures. The rule governs the process for appealing decisions made under the university's disciplinary framework, ensuring that students have a clear and effective mechanism for seeking review of such decisions. It establishes criteria and procedures for the hearing of applications for review, thereby providing a structured approach to handling appeals within the university's jurisdiction. This rule is designed to operate within the scope of the Appeals Statute 2014 and is limited to the internal disciplinary processes of ANU, not extending to broader legal or external matters. The rule was developed in response to recommendations from reports on sexual assault and harassment at Australian universities, as well as other internal reviews, aiming to enhance the effectiveness and fairness of the university's disciplinary and appeal mechanisms. The rule does not incorporate external documents and was drafted with input from various university stakeholders, including the Division of Student Administration and the Dean of Students, before being approved by the Vice-Chancellor.
Key Provisions
The main operative sections of the Appeals Rule 2018 (paragraphs 1 to 16) define the scope of reviewable decisions and establish the criteria and procedures for the hearing of applications for a review of these decisions. For instance, section 2 outlines what constitutes a reviewable decision, which generally includes decisions made by the University that adversely affect a student's academic standing or entitlements. Section 3 details the grounds on which a review can be requested, such as procedural errors or new evidence. Section 4 sets out the process for lodging an application for review, while sections 5 to 16 detail the procedures for the review itself, including the composition of the review panel, the notification of parties, and the conduct of the hearing. These sections ensure that all appeals are handled systematically and fairly.
The obligations imposed by the Appeals Rule 2018 on the parties involved are significant. For example, section 4 requires the applicant to lodge an application for review within the stipulated timeframe, which is typically 20 University working days from the date of notification of the decision. Section 5 places the onus on the University to provide the applicant with written reasons for the decision in question, and section 6 mandates that the applicant must respond to any request for further information from the review panel. Furthermore, the University, as outlined in section 14, must ensure that the review panel is impartial and that the hearing is conducted in a fair and transparent manner. These provisions are designed to ensure that both the applicant and the University adhere to a structured and equitable process.
Breaching the provisions of the Appeals Rule 2018 can lead to various consequences, both civil and criminal. For instance, section 18 specifies that failing to comply with the procedural requirements of the Rule can result in the review application being dismissed. Additionally, section 19 states that any person who knowingly provides false or misleading information during the review process may be subject to disciplinary action under the University's disciplinary rules. The maximum penalties for such breaches, however, are not explicitly stated in the Rule but are generally governed by the overarching disciplinary framework of the University, which can include fines, suspension, or expulsion in severe cases. These provisions ensure that adherence to the Rule is strictly enforced to maintain the integrity of the review process.