Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.5.21A

Review of reprimand by nominated appeals committee member

    (1)     A student affected by a decision of the chief executive officer of the Authority under section 2.5.13(1)(a), may apply for review, by the nominated member, of the decision on one or both of the following grounds—

        (a)     the decision to issue the reprimand was unreasonable;

        (b)     the decision to issue the reprimand was too harsh.

    (2)     An application under subsection (1) must be made by notice in writing to the chief executive officer of the Authority not later than 10 days after the day on which the affected student received the reprimand.

    (3)     The chief executive officer of the Authority must refer an application under subsection (1) to the nominated member for determination.

    (4)     A student may make a written submission to the nominated member but is not entitled to be heard in support of the written submission or to appear before the nominated member.

    (5)     The nominated member must review the decision made by the chief executive officer of the Authority having regard to—

        (a)     all the documents before the chief executive officer of the Authority; and

        (b)     the written decision of the chief executive officer of the Authority; and

        (c)     any written submission made by the student.

    (6)     In determining an application for review of a decision made by the chief executive officer of the Authority under section 2.5.13(1)(a), the nominated member may—

        (a)     affirm the decision to issue the reprimand; or

        (b)     set aside the decision to issue the reprimand.

    (7)     The nominated member must notify the Authority without delay of his or her determination of an application for review under this section.

    (8)     The Minister may, by Order published in the Government Gazette, fix rules with respect to the procedure to be followed on applications for review under this section.

    (9)     In this section "nominated member "means the member of an appeals committee nominated by the Minister under section 2.5.23(7).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback