Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.5.22

Review by appeals committee

    (1)     A student affected by a decision of a review committee, other than a decision under section 2.5.21, may apply for review of the decision by an appeals committee on one or both of the following grounds—

        (a)     the decision was unreasonable;

        (b)     the penalty imposed 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 14 days after the day on which the review committee gave its decision orally at the hearing.

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

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

    (5)     An appeals committee must review a decision made by a review committee having regard to all the documents before the review committee, the written decision of the review committee and any written submission made by the student.

    (6)     In determining an application for review of a decision made by a review committee, an appeals committee may—

        (a)     affirm the decision under review; or

        (b)     vary the decision under review; or

        (c)     set aside the decision under review.

    (7)     An appeals committee must notify the Authority without delay of its 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.



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