Independent Review of Student Appeals or Complaints Procedures

These procedures are governed by the Independent Review of Student Appeals or Complaints Policy.

2.1 Where a matter has not been resolved to a student’s satisfaction, a request for review by the Independent Reviewer may be lodged where:

1. the student has exhausted all internal avenues of appeal/complaint; and
2. there is no external body with jurisdiction in relation to the matter.

2.2 Any such request for independent review must be lodged in writing by email at Independent.Reviewer@acu.edu.au or by mail, addressed to:

The Independent Reviewer
c/- The Office of the Academic Registrar
Australian Catholic University
PO Box 968
North Sydney NSW 2059

2.3 Any request for independent review must be lodged:

1. within 12 months of the notification of the final decision under the Student Appeals Policy or Student Complaints Policy; or
2. after 12 months of the notification of the final decision under the Student Appeals Policy or Student Complaints Policy if accompanied by an explanation for the delay in making the request.

2.4 A student who wishes to continue in their program of study pending an independent review decision under section 4.1 of the Policy must, within 20 working days of notification of the relevant final decision under the Student Appeals Policy or Student Complaints Policy:

1. lodge a request for independent review by the Independent Reviewer; or
2. provide the University with a copy of a complaint or review lodged with the Overseas Students Ombudsman and/or written confirmation of the complaint or review lodged with the Overseas Students Ombudsman; or
3. provide the University with a copy of any legally binding order from an external jurisdiction staying the implementation of the decision pending the final outcome of that external jurisdiction.

2.5 In relation to section 2.4(a), the request for independent review must:

1. include a clear statement of the nature and grounds of the review of the appeal/complaint;
2. be accompanied by all supporting documentation on which the student relied when pursuing the matter under the Student Appeals Policy or the Student Complaints Policy; and
3. not include new evidence, or new grounds for the review of the appeal/complaint based on such evidence.

3.1 Upon receipt of any request for independent review, the Academic Registrar will undertake a procedural assessment as to whether the student has exhausted all internal avenues available to them under the relevant University policies.

3.2 Within 10 working days of receipt of the application for independent review, the Academic Registrar will:

1. notify the student that their matter is unable to be reviewed and direct the student to exhaust the internal avenues available to them; or
2. acknowledge receipt of the application in writing, outlining the process for the conduct of the independent review. For international students this is also a requirement of the ESOS Act and National Code; and
3. refer the application to the Independent Reviewer who will take steps in accordance with section 4.

4.1 Upon receipt of the application, the Independent Reviewer will undertake a further assessment (subject to independent advice, if required) to determine whether:

1. there is any external body with jurisdiction in relation to the subject matter of the review of the appeal/ complaint; and/or
2. there is new evidence which was not available to the original decision-maker; and/or
3. the application for independent review is frivolous, vexatious or is not made in good faith; and/or
4. the appeal/complaint is sufficiently serious to warrant a review by the Independent Reviewer; and/or
5. the request for independent review has been made more than 12 months after the student had received notification of the relevant final decision under the Student Appeals Policy or Student Complaints Management Policy and there is no satisfactory explanation for the delay in lodging the review

that, taken together or in isolation, would prevent the Independent Reviewer from undertaking the independent review.

4.2 If a determination is made that that one or more of the considerations under section 4.1 prevent the Independent Reviewer from undertaking the independent review, the Independent Reviewer will notify the student that their matter is unable to be reviewed and may either:

1. refer the matter back to the level of the officer who made the original decision, for further consideration of any new evidence made available; or
2. direct the student to a relevant external body.

4.3 If a determination is made that the request for review should proceed to investigation under section 4.1, the Independent Reviewer will:

1. notify the student of the decision to review the appeal/ complaint; and
2. consider the request for independent review under Section 5.

5.1 The Independent Reviewer will review the appeal/complaint documentation lodged with them and will undertake such investigation as the Independent Reviewer deems appropriate, having regard to the principles of natural justice, to ensure that the review process is fair and equitable.

5.2 Such investigation may, at the discretion of the Independent Reviewer, include a request for written submissions in response to the request for a review of the appeal/complaint from relevant persons determined by the Independent Reviewer.

5.3 If any other party is named in the review of the appeal/complaint, the Independent Reviewer will provide that person with relevant details and the opportunity to respond, subject to the University’s Privacy Policy.

5.4 If, at any time during the Independent Reviewer’s review of the appeal/complaint, the student who lodged the review of the appeal/complaint becomes aware of an external avenue for its resolution, and that external process is initiated by the student, the Independent Reviewer’s review of the appeal/complaint may be terminated by the Independent Reviewer.

6.1 The Independent Reviewer will determine the matter within 30 working days of receipt of the application for review of the appeal/complaint, or such further time as may be determined reasonable by the Independent Reviewer.

6.2 The Independent Reviewer will advise the student in writing of:

1. the process undertaken to consider the review of the appeal/complaint;
2. the decision reached; and
3. the reasons for the decision.

6.3 All complaints records including correspondence between the University, the Independent Reviewer and a student in relation to a review of a appeal/complaint will be placed on the student file.

6.4 The Independent Reviewer will provide the Vice-Chancellor and the Academic Registrar with a report and/or recommendations regarding each separate review of an appeal/complaint and/or relevant University practices or procedures.

6.5 The Academic Registrar, in consultation with the Vice-Chancellor may provide a copy or summary of the advice to the relevant University officer required to take action as a result of the Independent Reviewer’s decision subject to the University’s Privacy Policy.

6.6 Any action required of the University as a result of an outcome of a review of an appeal/complaint by the Independent Reviewer must be initiated within 10 working days of the notification.