1. Lodgement of appeal or complaint with Visitor
1.1 In any case where a student has exhausted all internal avenues of appeal/complaint and there is no external body with jurisdiction in relation to the matter, the student may lodge a request for review by the Visitor in relation to a matter which has not been resolved to the student’s satisfaction.
1.2 Any such request for review must be lodged in writing, addressed to:
- The Visitor
Australian Catholic University
PO Box 968
North Sydney NSW 2059
1.3 The request for review must:
- be lodged within 20 working days of notification of the final decision which is the subject of the appeal/complaint, under the Policy on Student Appeals or Policy on Student Complaint Management;
- include a clear statement of the nature and grounds of the appeal/complaint;
- be accompanied by all supporting documentation on which the student relied when pursuing the matter under the Policy on Student Appeals or the Policy on Student Complaint Management.
1.4 No new evidence, or new grounds for appeal/complaint based on such evidence, may be submitted for review by the Visitor.
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2. Review of appeal or complaint by Visitor
2.1 Upon receipt of any request for review, the Visitor will determine whether the student has exhausted all internal avenues available to them under the relevant University policies.
2.2 If this initial assessment indicates that the student has exhausted all internal avenues available to them, the Visitor will undertake a further assessment to determine:
- whether there is any external body with jurisdiction in relation to the subject of the appeal/complaint; and
- whether the appeal/complaint is sufficiently serious to warrant a review by the Visitor.
The Visitor may seek independent advice when making such assessment. Where practicable1, such further assessment will be undertaken within 10 working days of receipt of the appeal/complaint.
2.3 If, following such further assessment, the Visitor considers that the request for review does not satisfy the criteria in Section 2.2, the Visitor will notify the student that the Visitor is unable to review the matter and may direct the student to a relevant external body.
2.4 If the Visitor considers that the appeal/complaint does satisfy the criteria in Section 2.2, the Visitor will review the appeal/complaint documentation lodged with them and will undertake such investigation as the Visitor deems appropriate, having regard to the principles of natural justice, to ensure that the decision-making process is fair and equitable.
2.5 Such investigation may, at the discretion of the Visitor, include a request for written submissions and/or interviews with relevant persons.
2.6 The Visitor will normally advise the Vice-Chancellor of receipt of a request for review of a decision and provide the Vice-Chancellor with a copy of relevant documentation and the opportunity to respond to the appeal/complaint.
2.7 If any other party is named in the appeal/complaint, the Visitor will provide that person with relevant details and the opportunity to respond.
2.8 If, at any time during the Visitor's review of the appeal/complaint, the student who lodged the appeal/complaint becomes aware of an external avenue for its resolution, and that external process is initiated by the student, the Visitor's review of the appeal/complaint may be terminated by the Visitor.
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3. Notification of decision
3.1 The Visitor will determine the matter within 30 working days of receipt of the appeal/complaint, or such further time as may be determined.
3.2 The student will be advised in writing of:
- the process undertaken to consider the appeal/complaint;
- the decision reached;
- the reasons for the decision.
3.3 The Visitor will provide the Vice-Chancellor with a report and/or recommendations regarding the specific appeal/complaint and/or relevant University practices or procedures.
3.4 A copy of the notification to the student and the report to the Vice-Chancellor will be held on a confidential file. The Vice-Chancellor may provide a copy of the advice, or excerpt therefrom, to the relevant University officer required to take action as a result of the decision.
Under the
ESOS Act and National Code, in the case of an international student the Visitor must respond to the student within 10 working days and advise that the matter is being investigated.
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