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    Student Grievance Procedures

    1. Preamble

    These procedures outline process for resolving a student’s informal or formal grievance, the constitution and role of the grievance appeals committee, and appeals against informal grievance outcomes resolution.

    2. Procedures

    2.1 Resolving a Grievance: Informal Resolution

    2.1.1. In the first instance, the student will normally discuss the grievance informally with the relevant staff member who must try to resolve it.

    2.1.2. Where a student is unable to contact or is reluctant to approach the relevant staff member, the student should then raise the matter with the Course Coordinator or relevant Associate Dean (or the General Manager where the grievance relates to an administrative matter) who must try to resolve it.

    2.1.3. The informal process must be completed within ten (10) working days from the date the student contacted the relevant staff member. The Dean may grant an extension, not exceeding five (5) working days, if it seems likely that the matter may be resolved in that time.

    2.1.4. The student must be advised in writing within three (3) working days of the conclusion of the informal resolution process, of:

      1. The outcome of the informal resolution process
      2. The availability of relevant support services at the Institute; and
      3. The appeals mechanism

    2.2 Resolving a Grievance: Formal Resolution

    2.2.1. If a student is not satisfied with the outcome of the informal resolution process, the student may submit a formal grievance in writing to the Dean, within five (5) working days of the date of notification of the outcome of the informal resolution process. The formal grievance must include:

      1. relevant information about the grievance, including specific issues the student may wish to raise and/or resolutions/restitutions sought.
      2. detail of the outcome of the informal resolution process
      3. copies of documentary evidence (where applicable)

    2.2.2. The Dean will:

      1. Review the student’s formal grievance and the outcomes of the informal resolution.
      2. Ensure that all appropriate procedures have been correctly carried out.
      3. Seek additional information from appropriate staff concerning the subject of the grievance.
      4. Discuss the matter with the student.
      5. Undertake other action as appropriate.

    2.2.3. After consideration of all the available evidence, the Dean must decide to:

      1. Dismiss the grievance; or
      2. uphold the grievance and direct that:
      3. reparation as appropriate be made to the student, and/or
      4. where relevant, the student’s enrolment status be restored; and /or
      5. appropriate actions to address systemic or underlying causes (if any) be undertaken, with a view to preventing problems from occurring or recurring, and/or
      6. where the grievance relates to assessment, grant the student an opportunity for re-assessment (if it is considered appropriate) and/or
      7. other actions as appropriate

    2.2.4. If the Dean and all suitable nominees have already been involved in the process, or some other conflict of interest is perceived, the Chief Executive Officer must appoint another person to investigate the formal grievance.

    2.2.5. The student must be informed of the outcome in writing within ten (10) working days from receipt of the student’s formal grievance.

    2.3 Resolving a Grievance: Formal Resolution

    2.3.1. A student has the right to lodge an appeal to the Grievance Appeals Committee against an outcome from a formal grievance, on the basis of one or more of the following grounds for appeal:

      1. The case was not heard on its merits.
      2. There is new evidence that could not reasonably have been provided at the time of the formal grievance investigation.
      3. A procedural irregularity has occurred during the investigation of the formal grievance.

    2.3.2. The appeal must be lodged with the office of the Chief Executive Officer within five (5) working days of receipt of written notification of the outcome of the formal grievance. The written appeal must:

      1. State the grounds on which the appeal is made in accordance with section 5.3.1 of this policy,
      2. provide evidence relevant to the grounds for appeal. A copy of documentary evidence referred to in the written appeal must be attached.

    2.3.3. Upon receipt of the written appeal, the Chief Executive Officer will either dismiss the appeal as lacking in substance or determine that the appeal should be heard by the Grievance Appeals Committee for determination.

    2.3.4. Composition of the Grievance Appeals Committee will be:

      1. The Chief Executive Officer or nominee (Chair)
      2. One or two independent staff member(s)
      3. One independent student representative
      4. An external representative from another Higher Education Provider
      5. The Student Services Manager or nominee will be in attendance as Secretary to the Committee and will:
      6. Collate and disseminate all documents relevant to the appeal hearing to all parties and inform them of the time and location the hearing will take place.
      7. Maintain a record of the proceedings and outcome of the appeal hearing, including all documentation on the official file in the Grievance and Appeal file system.
      8. Draft the letter advising the student of the outcome of the appeal for the Chair’s approval and signature and send to the student within five (5) working days of the hearing.

    2.3.5. Where an appeal is to be heard by the Grievance Appeals Committee, a hearing must be convened within 15 working days of lodgement of the appeal. All participants must be given at least five (5) days notification in writing of the time, date and place the appeal is to be heard.

    2.3.6. The hearing will be held in camera, and the Committee will regulate its own proceedings. The Committee may call before it any witnesses to provide additional evidence.

    2.3.7. The student will be given the opportunity to appear in person before the Committee and to call a witness(es) and be accompanied by a support person if they wish.

    2.3.8. The Committee must hear the matter on its merits, taking account of all circumstances relevant to the case. The Committee will reach a decision by consensus, or a majority vote, with the Chair holding a casting vote if the Committee consists of four (4) members.  The Secretary does not have voting rights.

    2.3.9. The Committee may decide to confirm the decision against which the student had lodged an appeal or uphold the appeal.

    2.3.10. If the appeal is upheld, the Committee may:

      1. Modify the outcome of the formal appeal.
      2. Direct that appropriate actions be taken to address any systemic or underlying causes.
      3. Refer the matter to an external mediator, at the cost of the Institute.
      4. Take other action as appropriate.

    2.3.11. If the original decision is confirmed, the Secretary must:

      1. Advise the student in writing of the reasons for the outcome in the letter drafted under 5.3.4.d) iii, and
      2. Include instructions for the student on how to seek external mediation or appeal to the Ombudsman (if available) and the expected distribution of any associated costs for such external review.

    2.3.12. There is no avenue of further appeal within the Institute against the decision of the Grievance Appeals Committee.

    2.4 External Dispute Resolution

    2.4.1. Students who are not satisfied with the internal grievance process can request an external mediation or, if available pursue the grievance with an Ombudsman

    2.4.2. Where an Ombudsman was not available, to request external mediator or arbitrator, the student should do so in writing to the Student Services Manager within five (5) working days of the outcome:

      1. the mediator or arbitrator can be nominated by the student or the institute and must be mutually agreed within 14 working days. The mediator will be:
        1. External representative from another higher education provider
        2. A registered mediator or arbitrator
      2. There may be costs involved in lodging an external grievance complaint or appeal.
        1. The student will normally be required to pay the cost prior to mediation and can seek a lower cost alternative if agreed by the Institute.
        2. If an appeal is upheld in the student’s favour by and external mediator or ombudsman, the Institute may refund the cost of the mediation to the student.

    2.4.3. International students maintain the right to take a grievance or complaint to the Overseas Students Ombudsman. The Australian Government provides the Ombudsman as a free service for international students. Further information about the service can be found at Overseas Student Ombudsman for International Students.

    3. Resources and references

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