Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.5.21

    (1)     A student at a school may appeal to the Authority against a decision by the school, and any penalty imposed, in respect of a contravention of the assessment rules of the Authority relating to school-based assessments.

    (2)     An appeal under subsection (1) must be made by notice in writing to the chief executive officer of the Authority not later than 14 days after the student receives written notice of the decision from the school.

    (3)     On receipt of a notice of appeal, the chief executive officer of the Authority must nominate an employee of the Secretary to interview the parties to the appeal and attempt to resolve the matter.

    (4)     Not later than 7 days after the interview, the school must, by notice in writing, advise the student and the Authority that in relation to the student—

        (a)     it has rescinded its decision and any penalty imposed; or

        (b)     it has rescinded the penalty imposed; or

        (c)     it has reduced the penalty imposed; or

        (d)     it confirms both the decision and the penalty imposed.

    (5)     If the school rescinds its decision and any penalty imposed in relation to the student, the student's appeal is taken to have been withdrawn.

    (6)     On receipt of a notice under subsection (4)(b), (c) or (d), the Authority must request the student to elect either—

        (a)     to withdraw the appeal; or

        (b)     to confirm that the appeal is to proceed.

    (7)     If a student elects to proceed with an appeal, the chief executive officer of the Authority must refer the appeal to a review committee for hearing and determination.

    (8)     An appeal under this section must be conducted as a re-hearing.

    (9)     Sections 2.5.15, 2.5.16, 2.5.17, 2.5.18 and 2.5.20 apply to the hearing of an appeal under this section and in hearing the appeal the review committee has all the powers that it has in conducting other hearings under this Act.

    (10)     If a review committee is satisfied on the balance of probabilities that the student has contravened the assessment rules of the Authority relating to school-based assessments, the review committee may—

        (a)     reprimand the student; or

        (b)     if practicable, permit the student to re-submit to the school work required for—

              (i)     assessment in the study or the course; or

              (ii)     satisfactory completion of the study or the course; or

        (c)     refuse to accept part of the work and request the school to assess the student on the remainder of the work submitted; or

        (d)     amend the student's school-based assessment.

S. 2.5.21A inserted by No. 19/2008 s. 7.