Note: A student who has Course Co-ordinator approval to undertake studies elsewhere for credit towards their ACU National course will be regarded as actively enrolled, even if not pursuing any unit at ACU National during the relevant study period(s).

The student's official enrolment status at the census date determines issues such as financial liability and use of Student Learning Entitlement.

Note: A full-time annual workload is normally 80 credit points .

(a) the work has previously been counted towards the satisfactory completion of another unit of study credited towards the same or another qualification; and
(b) the Lecturer-in-Charge has not granted prior written consent for the student to reuse the work.

(a) has qualified for the award or completed the unit, as the case may be;
(b) has been excluded from the University or had his or her enrolment terminated pursuant to the statutes, regulations, rules or policies of the University;
(c) has not for the period January to June or June to December enrolled or re-enrolled by the date for enrolment or re-enrolment specified by the University; or
(d) has given written notice of withdrawal from the course or unit.

Note: Where documentation is referred to in these Regulations, it can be in either hard copy or electronic format.

(a) posted to the student -

(i) for admission purposes, at the address listed on the application for admission;

(ii) at the semester address shown on the student's most recent enrolment, if posted during a semester;

(iii) at the home address shown on the student's most recent enrolment, if posted during a vacation;

(b) transmitted by facsimile to a number provided by the student as being identified with the relevant address; or

(c) sent by e-mail to the student's University e-mail address.

(a) if sent by post to an address within Australia, on the third working day after it was sent;

(b) if sent by post to an address outside Australia, on the seventh working day after it was sent;

(c) if sent by facsimile or email, no later than 48 hours from the date and time at which it was sent.

3.2.1 Entry requirements
Eligibility for admission to a program is determined by the applicant's capacity to meet the specific entry requirements approved by Academic Board for that program and to gain a place in the program on the basis of academic merit.

The entry requirement for each program is specified in the relevant program rules.

3.2.2 Special entry
Applicants whose educational qualifications do not satisfy the requirements for admission to a particular course but who have a sound and sufficient basis for application supported by relevant documentation may be granted admission to the course by the Head of School or nominee.

3.2.3 Students excluded or suspended from other institutions
Applicants who are currently serving a period of exclusion or suspension from another university or tertiary institution will not be considered for admission until that period of exclusion or suspension has been completed. In cases where no specific period of exclusion or suspension has been identified, the applicant will be considered for admission not earlier than two semesters from the date of exclusion or suspension.

3.2.4 English language proficiency
Any student seeking admission on the basis of a qualification undertaken in a language other than English must demonstrate English language proficiency.

International students seeking admission must satisfy standard admission requirements for the relevant program, together with English language proficiency requirements.

3.2.5 Units studied on a non-award basis
(a) Admission to study individual units on a non-award basis
Subject to a place being available, the Admissions Officer may admit an applicant to study a maximum of two units on a non-award basis in any study period. Applicants must meet unit requirements and their enrolment will be subject to all the provisions of these Regulations. They will be formally assessed in the units in which they enrol. If the student subsequently applies for and is granted admission to a course at the University, units undertaken on a non-award basis and successfully completed may be credited to that course, subject to Regulation 4.7.

(b) Admission to undertake cross-institutional studies
Subject to a place being available, the Admissions Officer may admit an applicant to study one or more units as a cross-institutional student, for credit towards an award of another institution. Cross-institutional students must meet unit prerequisites and their enrolment will be subject to all the provisions of these Regulations. They will be formally assessed in the units in which they enrol.

(c) Auditing units
Subject to a place being available, a Head of School may admit an applicant to audit one or more units for a prescribed fee. Students who wish to have an audited unit assessed must, by the prescribed dates, comply with University enrolment procedures and pay the remaining (if any) tuition fee. Regulation 4.7 will apply to any subsequent application for credit.

(a) requests for deferment must be lodged prior to the first week of the relevant standard study period;
(b) deferments are not normally granted in the mid-year admissions round;
(c) the maximum duration of a deferment is twelve months;
(d) deferment can only be granted for the course in which the student has received the offer of a place;
(e) deferments cannot normally be transferred to the same course at another campus.

3.4.1 No change in financial status
Students who have successfully completed at least one standard study period of study at the University may apply for transfer to another program of the University at the same or lower level (A student cannot transfer from a non-award course to an award course under this provision), offered at the same or another campus. Students must meet the entrance requirements and selection criteria for the program to which they are transferring and must follow normal admission requirements (Regulation 3) and withdrawal procedures (Regulation 4.4) for the respective programs.

3.4.2 Transfer from fee paying to Commonwealth-supported place
An undergraduate or non-award student enrolled on a fee-paying basis may not apply to transfer to a Commonwealth-supported place in the same or another course unless they have successfully completed 80 credit points while enrolled on a fee-paying basis.

Transfer will be dependent upon satisfactory level of achievement and availability of a Commonwealth-supported place in the relevant course.

4.1.1 Requirements for enrolment and re-enrolment
In order to become an enrolled or re-enrolled student, a person who has been offered a place in a program must, by the prescribed date -

(a) complete the required enrolment or re-enrolment procedures; and

(b) pay all relevant University and government fees and charges

4.1.2 Fee for late re-enrolment or variation
A person who fails to complete procedures for enrolment, re-enrolment or variation of enrolment by the due date will be required to pay a late fee in order to be an enrolled student.

4.1.3 Non-acceptance of enrolment or variation of enrolment after prescribed date
Enrolment in a program or unit or variation of enrolment will not be accepted after the date prescribed by the University.

4.3.1 Period for adding units
A student may add units to an existing enrolment, provided that such changes are actioned:

(a) within the first two weeks in a standard study period; or
(b) before commencement of a non-standard study period.

4.3.2 Late addition of units
A student may add a unit to an existing enrolment after the periods noted in Regulation 4.3.1above only if -

(a) authorised by the Lecturer-in-Charge and approved by the Course Co-ordinator , in order to correct an error in enrolment identified and corrected within 30 days after the census date; or
(b) approved by the Dean, where the addition is sought more than 30 days after the census date and prior to the commencement of the central examination period in the next standard study period. The Dean would normally determine the matter on the recommendation of the Course Co-ordinator after consultation with the Lecturer-in-Charge, and only on the basis of exceptional circumstances which would have precluded the student from acting within the prescribed period; any such late change may incur liability for additional fees and charges.

4.3.3 Credit Point Limit in a Semester
Students wishing to enrol in more units than a normal full-time program load in any semester must first obtain the written approval of the Course Co-ordinator. The student's previous academic record will be taken into account in determining the application.

4.4.1 Withdrawal from units
Students should seek advice from the Course Co-ordinator before withdrawing from units. The formal withdrawal remains the responsibility of the student.

4.4.2 Non-effective enrolments
If a student withdraws:

(a) before the end of week three of lectures in a standard study period; or
(b) before commencement of a non-standard study period

the enrolment will be regarded as non-effective and will not be recorded on the transcript.

A commencing student with no effective enrolment in the academic year of entry is deemed not to have accepted his/her offer of enrolment and to have never been a student.

4.4.3 Withdrawal without academic penalty
A student may withdraw from a unit without academic penalty up to the census date nominated for that study period.

4.4.4 Special circumstances
In special circumstances a student may withdraw from a unit without academic penalty after the above dates and prior to the commencement of the central examination period in that study period, if the Course Co-ordinator determines that such a withdrawal is warranted.

4.4.5 Withdrawal with academic penalty
A student will be recorded as having failed a unit if -

(a) the student withdraws from the unit after the census date but prior to -

(i) the common examination weeks for a standard study period; or
(ii) the end of a non-standard study period;
or

(b) the student's enrolment is cancelled for non-payment of any fees owing after the census date.

4.7.1 Types of credit
The Course Co-ordinator may grant credit towards a program of this University for previous tertiary studies and/or recognised prior learning. Credit may be in the form of any one or more of the following:
Specified Credit: credit granted for one or more units of the program. Specified Credit will only be granted if the student has previously passed units substantially the same as the unit/s for which Specified Credit is sought.

Block Credit: credit granted for complete sections, equivalent to a semester or year of the program.

Unspecified Credit: credit granted, usually in the form of credit points, if previous study does not correspond precisely with components of the program or for recognised prior learning. Unspecified credit is granted only for elective or general studies components of programs. It cannot be granted in programs which do not contain such components.
If Block or Unspecified Credit is granted the amount of credit granted will be expressed in terms of credit points and identified in terms of the program completion requirements.

Credit will not be granted for segments of a unit.

4.7.2 Credit applications
Applications for credit and/or recognised prior learning should normally be submitted no later than the census date in the first semester of the student's enrolment in the program.

A student who has failed a unit may not subsequently seek credit for that unit unless the application is based on tertiary studies successfully completed after the student had failed the unit.

4.7.3 Maximum allowable credit
The maximum credit that may be granted on the basis of previously completed qualification(s) (other than a designated suite of courses) or recognised prior learning is:
Bachelor's [4th Year Upgrade]: one-half of the course
Bachelor's degree: two-thirds of the course
Honours requirements: nil
Dual bachelor degrees: one-half of the dual course
Graduate entry bachelor degree: nil
Postgraduate/Graduate Certificate: one-half of the course
Postgraduate/Graduate Diploma: one-half of the course
Master's degree excluding theses, dissertations or research projects:

• two-thirds of the course in the case of a 120 credit point degree
• two-thirds of the course in the case of a 160 credit point degree
  
• one-half of the course in the case of an 80 credit point degree
  

Non-award course: one-half of the non-award course requirements.

4.7.4 Minimum level of studies required for an award of this University
Normally a student must complete at least one-third of the units required for a program -

(a) by studies undertaken at this University; and
(b) in units not credited towards another completed award.

The amount of credit granted to a student holding more than one award must be no more than the maximum which would have been available for any one such award.

If a student has been granted the maximum available credit, in accordance with Regulation 4.7.3, for studies undertaken at another institution or for recognised prior learning, approval will not normally be granted for other units to be undertaken elsewhere on a cross-institutional basis.

4.7.5 Credit once only
Credit for prior study or learning may be granted once only towards any completed program of this University.

4.7.6 Level of prior studies for which credit may be granted
In an undergraduate course, credit may be granted on the basis of prior successful undergraduate or postgraduate studies. In a postgraduate course, credit may be granted on the basis of prior successful postgraduate studies only.

4.7.7 Application for review of credit granted
A student who is dissatisfied with the decision concerning credit may write to the Head of School seeking a review of the decision. The decision of the Head of School will be final.

4.10.1 If the program rules change during the currency of a student's enrolment for the program, the student should follow the approved transition program. In exceptional circumstances, where the student has pursued the course without interruption and pursuit of the transitional program would substantially disadvantage the student, the Dean may permit him/her to complete the program under the rules applicable at the time of initial enrolment, within a timeframe approved by the Dean.

Note: Normally the maximum period during which a student would be permitted to complete a course under 'old' rules would be one year more than twice the normal full-time duration of the course.

4.10.2 A student returning from interruption of studies of more than one semester must consult the Course Co-ordinator regarding the requirements for completion of the program. Such a student will normally be required to complete the program in accordance with the conditions and program rules in force at the time of the return.

(a) to enrol, re-enrol or vary enrolment in any program or unit;
(b) to receive a result in any program or unit completed; or
(c) to graduate from any program or receive any award of the University:

6.1.1 Designation of Lecturer-in-Charge
There will be a Lecturer-in-Charge, nominated by the Head of School, for each unit offered by that School. The Lecturer-in-Charge of the unit is responsible for coordinating the preparation of Unit Outlines and for coordinating results in accordance with University policy.

6.1.2 Range of Assessment Methods
Assessment may include a range of methods such as formal end of study period examination, continuous assessment throughout the study period, written assignments, essays, theses, practical assessments and field trips/projects. The Unit Outline will describe assessment methods to be used in a unit.

6.1.3 Completion of unit requirements
To complete the requirements for a unit a student must -

(a) comply with all University statutes, regulations and rules:
(b) pay all relevant fees and charges;
(c) complete all unit requirements as prescribed in the Unit Outline;
(d) gain a grade of Pass Conceded or higher in accordance with Regulation 6.3.

Examples of unit requirements include -

• attending classes (eg lectures, tutorials, laboratory and practical classes)
  
• undertaking and submitting research and assignment work for assessment
  
• undertaking projects and/or group work
  
• undertaking examinations
  
• undertaking field work, industrial and/or practical placements or volunteer experience
  
• undertaking police checks or submitting declarations such as 'prohibited person declarations'
  
• obtaining a current first aid or CPR certificate
  
• undergoing required immunisation.

6.1.4 Unit Outline
By the end of the first lecture week, the Lecturer-in-Charge of the unit will make a Unit Outline available to each student enrolled in that unit. The Unit Outline includes details of unit objectives, assessment tasks, percentage of marks allocated to assessment tasks, dates for the submission of assessment, and any special requirements of that unit.

6.1.5 Attendance requirements
Attendance at scheduled lectures and classes is expected. It is compulsory to attend classes so designated in Unit Outlines.

6.1.6 Allocation of grades
Grades in a unit are assigned by the Lecturer-in-Charge, and must be ratified by the Head of School or nominee prior to submission to Student Administration; if the grade is not so ratified, the Head is entitled to seek the opinion of a second expert examiner in consultation with the Lecturer-in-Charge. A student's grade in a unit may be changed only within six months of the original allocation of final grade and then only with the approval of the relevant Head of School, or as provided under Regulation 8.

6.1.7 Factors affecting performance
If a student believes that personal circumstances are likely to affect performance in an assessment task in a unit, the student is responsible for notifying the Lecturer-in-Charge and Course Co-ordinator before the due date for submission of that assessment task.

6.1.8 Extension for an assignment
A student may apply to the Lecturer-in-Charge for an extension to the submission date of an assignment. Requests for extension must be made on the appropriate form on or before the due date for submission, and must demonstrate exceptional circumstances which warrant the granting of an extension.

Assignments submitted after the due or extended date will incur a 10% penalty of the maximum marks available for that assignment. Assignments received more than three calendar days after the due or extended date will not be allocated a mark.

6.1.9 Extension for submission of Honours thesis
An Honours student may apply to the Head of School for an extension to the submission date of an Honours thesis. Requests for extension must be made on or before the due date for submission, and must demonstrate exceptional circumstances which warrant the granting of an extension. The maximum extension which may be granted is 6 months.

Honours theses submitted after the due or extended date will incur a penalty of 10% of the maximum marks available for that thesis.

6.2.1 Undergraduate and non-award students

6.2.1.1 Students at risk
An undergraduate student or student in a non-award course who has failed more than 50% of the credit points for which the student enrolled in any standard study period should be aware that further failure may lead to liability for termination of his/her enrolment. Such a student should seek academic advice before continuing in the course.

6.2.1.2 Requirement to show cause why enrolment should not be terminated
A student will be required to show cause why his/her enrolment should not be terminated if the student has failed 50% or more of the credit points taken over the last two standard study periods in which the student was actively enrolled.

A student in an Honours program will be required to show cause if the student has achieved less than a Pass in any individual coursework unit in the Honours program.

6.2.1.3 Timing of submission showing cause why enrolment should not be terminated
Any submission from a student showing cause why his/her enrolment should not be terminated must be in writing and be submitted within 10 working days from the date of notification of the requirement to show cause.

6.2.1.4 Consideration of show cause submission
The submission from a student showing cause why his/her enrolment should not be terminated will be considered by the relevant Course Co-ordinator who may determine -

(a) that the cause shown is of sufficient merit to warrant the student's continuation in the program;
(b) that the cause shown is of sufficient merit to warrant the student's continuation in the program, subject to specified conditions; or
(c) that the cause shown is not of sufficient merit to warrant the student's continuation in the program.

The student will be advised of the decision of the Course Co-ordinator within 20 working days from the date of the student's lodgement of the show cause submission.

6.2.1.5 Termination of enrolment
Unless otherwise determined by the Course Co-ordinator, a student's enrolment in an undergraduate course or non-award course is terminated if the student -

(a) has failed any unit on three occasions; or
(b) has failed the same clinical or teaching practicum (or other assessable professional practical experience unit) on two occasions or failed two separate clinical, teaching or counselling practicum units; or
(c) having previously been allowed to re-enrol for cause shown, has subsequently failed any unit; or
(d) has exceeded the maximum time for completion of the program.

6.2.2 Postgraduate students

6.2.2.1 Students at risk
A postgraduate student who has failed more than 30 credit points or more than 40% of the total credit point requirements of the course should be aware that further failure may lead to liability for termination of his/her enrolment. Such a student should seek academic advice from the Course Co-ordinator before continuing in the course.

6.2.2.2 Termination of enrolment
Unless otherwise determined by the Course Co-ordinator, a student's enrolment in a postgraduate course is terminated if the student has -

(a) failed 50% or more of the total credit point requirements of the course;
(b) failed any unit on three occasions; or
(c) exceeded the maximum time for completion of the course.

6.2.3 Effective date of termination
Any termination of enrolment under this Regulation will take effect from the end of the study period during which the student became liable for such termination.

6.2.4 Request for review of termination
A student may apply for review of any termination of enrolment under the provisions of Regulation 8.

6.2.5 Application for re-admission to same program
Any subsequent application for re-admission to the same program or, in the case of a dual degree, to either of the courses within the dual degree, will not be considered until at least three standard study periods have elapsed from the date of termination. Re-admission is subject to approval by the relevant Head of School.

6.2.6 Application for admission to different program
A student whose enrolment in a program has been terminated may subsequently apply for admission to another program.

6.2.7 Application for re-enrolment in units failed
A student who has failed a unit on three occasions may not enrol in units in that discipline until at least three standard study periods have elapsed from the date of termination; re-enrolment in such units is subject to the approval of the Head(s) of School(s) concerned.

6.3.1 Time for completion of unit requirements
A student will complete the assessment requirements for all relevant units no later than the end of the examination period for the relevant study period.

6.3.2 Result grades
All units will be assessed and recorded according to the codes listed in the Table.

In undergraduate units that have 30 students or more, it is expected that normally no more than 20% of the students would be awarded Distinction and/or High Distinction grades, between 20% and 25% would be awarded Credit grades and up to 15% would be awarded Pass Conceded or Fail grades. The balance would be awarded a Pass grade.  In units with fewer than 30 students, Lecturers-in-Charge should be guided by this distribution.

In situations where there is a significant deviation from these percentages, the Lecturer-in-Charge should be able to demonstrate to the Head of School, or an assessment review committee established by the Head of School, relevant evidence to substantiate the decision. Where such evidence is not available, grades will be scaled to achieve the expected distribution.

6.3.3 Pass Conceded
A student may be awarded a Pass Conceded grade by the Head of School in exceptional circumstances. A Pass Conceded grade does not meet prerequisite requirements for enrolment in units requiring a minimum of a Pass grade. A Pass Conceded grade may only be redeemable upon the student re-enrolling in the unit in a subsequent semester and attaining a grade of Pass or better. A pass degree student may not accumulate a Pass Conceded grade in units amounting to more than 15% of the total credit points required for completion of the award. A unit in which a Pass Conceded grade has been awarded may not be counted towards the requirements of an Honours year or postgraduate program.

6.4.1 Investigation and resolution of any allegation of cheating, plagiarism, collusion or recycling
Any allegation of cheating, plagiarism, collusion or recycling will be investigated and resolved in accordance with the Academic Honesty Policy.

6.4.2 Consequences of exclusion
In the event that a student is excluded for breach of the Academic Honesty Policy, any subsequent application for re-enrolment will not be considered until at least three semesters have elapsed from the date of exclusion. Re-enrolment is subject to approval by the relevant Head of School.

7. EXAMINATIONS See also the Assessment Policy and Procedures.

Examinations will be conducted in accordance with procedures prescribed by the University.

8. REVIEW AND APPEALS See Statement on External Avenues of Appeal or Complaint

8.1 Preliminary Dialogue

8.1.1 Clarification of result or grade
If a student wishes to obtain formal clarification about a result for an item of assessment or grade in a unit, the matter must be raised in writing with the Lecturer-in-Charge of the unit, with a copy to the Head of School, within 10 working days of receipt of the result or grade in question.

That request must set out the basis on which the student is seeking clarification, relative to the marking schema in the Unit Outline, or make a case that published University regulations or procedures have not been observed.

8.1.2 Clarification of termination of enrolment
In relation to matters associated with termination of enrolment, the student may make a written request for clarification addressed to the Course Co-ordinator within ten working days of receipt of notification of that termination.

8.1.3 Progression to review
A student who is dissatisfied with the outcome of this process may request a review as outlined in Regulation 8.3 or 8.4.

8.3.1 Application for review
A student may apply to the Head of School responsible for a unit for review of the grade awarded in that unit. The request must be in writing and be received within 10 working days of receipt by the student of notification of the grade. A review may only be requested on grounds that the published University regulations or procedures have not been observed.

8.3.2 Conduct and timing of review
The Head of School or nominee will conduct the review. If the Head of School or nominee is also the assessing lecturer, the material will be referred to another staff member nominated by the Dean.

The Head of School or nominee:

(a) may interview the relevant lecturer(s) and/or, if the student so requests in the written application for review, the student ;
(b) may seek advice from another lecturer in the discipline area;
(c) will determine any amendment to the original grade; and
(d) will report within 20 working days of the student's lodgement of the application for review.

8.3.3 Report on review
The Head of School or nominee will provide a copy of the report to the student, Dean, Course Co-ordinator, Lecturer-in-Charge and Student Administration. The report will specify the

• outcome of the review;
  
• process undertaken during the review; and
  
• reasons for the decision.

8.4.1 Application for review
A student may apply to the Head of School for review of a decision regarding termination of enrolment. That review may only be requested on grounds that the published University regulations or procedures have not been observed. The request must be in writing and must be received by the Head of School within 10 working days of receipt by the student of the initial decision.

8.4.2 Conduct and timing of review
A Review Committee will conduct the review. This committee will comprise the following:

(a) a nominee of the Head of School as convener;
(b) two other members of staff nominated by the Head of School, not being staff involved in the original decision;
(c) one student nominated by the Head of School.

8.4.3 The Review Committee will be convened as soon as possible to hear the application for review. The Review Committee will have access to all relevant documentation and may conduct such investigation as it deems appropriate. The student appealing may appear in person before the Review Committee to address the issues identified in the written request for review.

8.4.4 Report on review
The Review Committee will provide a report to the Head of School. The report will specify the

• outcome of the review;
  
• process undertaken during the review; and
  
• reasons for the decision.

8.4.5 Notification of decision on review
The Head of School will advise the student in writing of the outcome within 20 working days of the student's lodgement of the application for review and will provide the student with a copy of the Review Committee report. Copies of the report will also be provided to the Dean, Course Co-ordinator and Student Administration.

8.5.1 Appeal by student
A student may appeal to the Dean against the outcome of the review conducted under Regulations 8.3 or 8.4. The appeal must be in writing and must be received by the relevant Dean within 10 working days of receipt by the student of notification of the outcome of the review.

8.5.2 Grounds for appeal
The only ground for appeal is failure by the University to comply with published University regulations and procedures.

8.5.3 Conduct and timing of review
The Faculty Board will establish a Faculty Appeals Committee in each State/Territory. The Faculty Appeals Committee will comprise four members of staff and one student. The Head of School concerned will not be on the Committee.

8.5.4 The Faculty Appeals Committee will be convened as soon as possible to hear the appeal. The Appeals Committee will have access to all documentation used in the review process and may conduct such investigation as it deems appropriate. The student may appear in person before the Committee to address the issues identified in the written appeal.

8.5.5 Report on appeal
The Faculty Appeals Committee will provide a report to the Dean. The report will specify the

• outcome of the appeal;
  
• process undertaken during the appeal; and
  
• reasons for the decision.

8.5.6 Notification of decision on appeal
The Dean will advise the student in writing of the outcome within 20 working days of the student's lodgement of the appeal against the outcome of a review under Regulation 8.3 or 8.4 and will provide the student with a copy of the Faculty Appeals Committee report. Copies of the report will also be provided to the Head of School, Course Co-ordinator, Lecturer-in-Charge (where relevant) and Student Administration.

8.6.1 Appeal by student
The only ground on which an appeal can be made to the Chair of Academic Board is failure by the University to comply with Regulation 8.5.

8.6.2 Timing of appeal
The appeal must be submitted in writing to the Secretary of Academic Board within 10 working days of receipt by the student of the outcome of the Faculty appeal.

8.6.3 Evidence in support of appeal
The appeal must be supported by documented evidence of non-compliance with Regulation 8.5.

8.6.4 Determination of appeal
The Chair of Academic Board will deal with the appeal at his or her discretion.

8.6.5 Report on appeal
The Chair of the Academic Board will provide a report which will specify the

• outcome of the appeal;
  
• process undertaken during the appeal; and
  
• reasons for the decision.

8.6.6 Notification of decision on appeal
The Chair of Academic Board will provide the student with a copy of the report. Copies of the report will also be provided to the Dean, Head of School and Student Administration.

9.1.1 Notwithstanding any other provision of these Regulations, if a Dean or other authorized officer is of the opinion that an applicant for admission to a program or unit -

(a) has a demonstrable history or documented condition or disability that appears likely to result in

(i) injury to the person concerned or to any other person;
(ii) harassment to a material extent of any member of the University;
(iii) severe emotional disturbance to any member of the University;
(iv) serious disruption to the provision of academic or other services to any member of the University; or
(v) serious damage to property; or

(b) by reason of a condition or disability, the person requires adjustments or facilities that in the circumstances of the case cannot reasonably be made available and without those services or facilities the person would not be able to participate or continue to participate in the program or be reasonably likely to derive or continue to derive material benefit from the program; or
(c) for any other reason the person is or is unlikely to be unable to benefit materially from the program:

the Dean or authorized officer shall report that opinion to the Vice-Chancellor.

9.1.2 The Vice-Chancellor may, determine that the applicant be refused admission as a student of the University.

9.1.3 The Vice-Chancellor will issue such a determination only if satisfied that

(a) the person has acted or behaved, is acting or behaving or, if the person were enrolled as a student, is likely to act or behave, in a way which involves a risk of -

(i) injury to the applicant or student or to any other person;
(ii) harassment to a material extent of any member of the University;
(iii) severe emotional disturbance to any member of the University;
(iv) serious disruption to the provision of academic or other services to any member of the University; or
(v) serious damage to property.

(b) by reason of a condition or disability, the person requires adjustments or facilities that in the circumstances of the case cannot reasonably be made available and without those services or facilities the person would not be able to participate or continue to participate in the program or be reasonably likely to derive or continue to derive material benefit from the program;
(c) for any other reason the person is or is likely to be unable to benefit materially from the program.

9.1.4 The Vice-Chancellor is not required to afford the person an opportunity to tender evidence or make submissions or accord a hearing before making such a determination.

9.1.5 In making a determination under Regulation 9.1.2 the Vice-Chancellor may consult a medical practitioner or other person or persons who may have specialist knowledge of the condition or disability.

9.2.1 A Dean may refer an application for enrolment or re-enrolment to the Vice-Chancellor or recommend cancellation or suspension of enrolment if the Dean is of the opinion that -

(a) there exists a demonstrable history or documented condition or disability that appears likely to result in -

(i) injury to the person concerned or to any other person;
(ii) harassment to a material extent of any member of the University;
(iii) severe emotional disturbance to any member of the University;
(iv) serious disruption to the provision of academic or other services to any member of the University; or
(v) serious damage to property; or

(b) by reason of a condition or disability, the person requires adjustments or facilities that in the circumstances of the case cannot reasonably be made available and without those services or facilities the person would not be able to participate or continue to participate in the program or be reasonably likely to derive or continue to derive material benefit from the program; or
(c) for any other reason the person is or has become unable to benefit materially from the program.

9.2.2 The Vice-Chancellor may, take whatever action he/she deems appropriate. Such action may include suspending or terminating the student's enrolment or part thereof or permitting the student to continue the unit or program on such conditions as the Vice-Chancellor may impose.

9.2.3 In making a determination under Regulation 9.2.2, the Vice-Chancellor may consult a medical practitioner or other person or persons who may have specialist knowledge of the condition or disability.

In considering an application for admission, enrolment or re-enrolment under this Regulation, the Dean and the Vice-Chancellor will act in accordance with the provisions of relevant legislation and case law, in particular relevant State and/or Commonwealth Disability Discrimination legislation, Occupational Health and Safety legislation, The Workplace Relations Act 1996 (Cth) and relevant judicial decisions, including decisions of the Human Rights and Equal Opportunity Commission.

When issuing a determination under this Regulation, the Vice-Chancellor should, within five working days provide a written notice of exclusion, termination or suspension to the applicant or student -

(a) setting out the terms of the determination;
(b) setting out in summary form the reason for the determination;
(c) informing the person that he or she is entitled to appeal to a Review Board against the determination; and
(d) referring to the provisions of these Regulations.

9.5.1 A person who receives such a determination may, within ten working days of receipt of the notice of exclusion, termination or suspension provide a written response -

(a) appealing against the determination; and
(b) setting out the grounds of such appeal.

9.5.2 Within ten working days of receipt of an appeal, the Vice-Chancellor will notify the Executive Director, University Services, who must establish a Review Board in accordance with Regulation 9.7.

9.5.3 A determination remains in force until it is either revoked or varied by the Vice-Chancellor or a Review Board.

9.5.4 While an appeal is under review, the person is not eligible to be admitted or enrolled or re-enrolled as a student or to have termination of enrolment, suspension or exclusion lifted.

Upon issuing a determination under this Regulation, the Vice-Chancellor will provide to the next meeting of Senate a report setting out in summary form the terms of and reason for the determination. Any such report will not disclose the names of the individuals concerned.

9.7.1 The Review Board will consist of -

(a) two persons who may be members of Senate, other than staff or student members, appointed by the Chancellor who will also appoint one of those persons as chair of the Board;
(b) the Chair of Academic Board or nominee.

9.7.2 In the case of a Review Board constituted in relation to exclusion on health grounds, it should, whenever practicable, include a person who has special knowledge of the condition or disability of the appellant.

9.7.3 A Review Board will not include -

(a) the Dean of the Faculty or Head of School responsible for any program for which the appellant has applied or in which the appellant has been or seeks to be enrolled or re-enrolled;
(b) in the case of exclusion on health grounds, a person who has treated the appellant for the condition in question;
(c) a person who has given advice to the appellant in relation to the grounds for exclusion, termination or suspension.

9.8.1 The Review Board must ensure procedural fairness and, in particular, will observe the principles contained in this Regulation.

9.8.2 The Review Board will -

(a) conduct its investigations as expeditiously as possible, consistent with the need to act fairly;

(b) determine the matter on the basis of evidence presented by the University and the appellant, act fairly, and proceed in a way that is appropriate, without being bound by legal technicalities or the laws of evidence;

(c) give the appellant a copy of, or an opportunity to inspect, all relevant information, including documents, available to it in relation to the matter;

(d) give the appellant a reasonable opportunity to appear before the Board to respond to the determination;

(e) give the appellant at least five working days' written notice of the date, time and place of any meeting;

(f) permit the appellant to seek, in writing, additional time of no more than five working days to prepare the appellant's submission to the Review Board;

(g) permit the appellant to be accompanied by a support person, who must not be a legal practitioner or a person with a law degree;

(h) permit the appellant and any support person to be present throughout the meeting, except when members of a Board wish to confer privately among themselves or to consider their decision; and

(i) conduct any hearing in closed session.

9.8.3 In the case of a Review Board constituted in relation to exclusion on health grounds, the Board -

(a) must consider any medical evidence submitted by the appellant; and
(b) may require the appellant to undergo a medical examination, at the expense of the University, by a person or persons nominated by the Review Board.

9.8.4 Failure of the appellant, or where the appellant is physically unable the appellant's support person, to appear at the notified time will not prevent the Review Board from proceeding to investigate and determine the matter.

9.8.5 In the event of failure or refusal of the appellant to undergo an examination requested under Regulation 9.8.3, the Board may submit details of the matter including, if deemed appropriate, the Board's evaluation of the health of the appellant, to a qualified person determined by the Board. This qualified person will report to the Board which may include that report in its determination of the matter despite the absence of any examination of the appellant.

9.8.6 The Review Board will deal with all health records in accordance with the relevant State Health Records legislation.

9.8.7. The Review Board has complete authority to keep order in any proceedings, including the authority to order the removal of any person, including the appellant and/or his or her support person.

9.8.8 A written record of all proceedings of the Review Board will be maintained. Such record will contain a fair summary of the evidence submitted to or obtained by the Board and other minutes of its proceedings necessary to show the way in which it conducted the inquiry.

9.9.1 The Review Board must decide either to affirm or to revoke the Vice-Chancellor's determination on such terms and conditions as it deems appropriate.

9.9.2 The Review Board must not revoke a determination unless it is satisfied that the appellant has not acted or behaved, and if enrolled or re-enrolled as a student is not likely to act or behave, in a way which involves a risk of the kind described in Regulation 9.1.2.

9.9.3 If the Review Board revokes the determination, the appellant's application for admission and enrolment or re-enrolment will be subject to the appellant's meeting any academic requirements under these Regulations or the relevant program rules, and to such special conditions as the Review Board may impose.

9.9.4 The decision of the Review Board will be final and there will be no avenue of appeal against that determination to any other body within the University.

9.9.5 The Review Board will provide a written report to the Executive Director, University Services who, within five working days of finalisation of the appeal by the Board, will notify the appellant of the -

(a) process undertaken;
(b) decision reached on the appeal;
(c) reasons for the decision, including any conditions imposed if the appellant is permitted to be considered for admission, enrolment or re-enrolment.

9.9.6 A copy of the notification to the student will be provided to the Vice-Chancellor, the relevant Dean and the Academic Registrar.

A student who breaches any condition imposed by the Review Board may be guilty of misconduct which will be dealt with in accordance with Statute 10 (Student Conduct and Discipline) .

If a person whose application for admission, enrolment or re-enrolment or for reinstatement after cancellation of enrolment has been refused under this Regulation, has already paid fees or student contribution amounts to the University, or consumed student learning entitlement, a decision on reimbursement or remission or otherwise, in whole or in part, of such fees, student contribution(s), or student learning entitlement will be made -

(a) in the case of an appeal determined by the Review Board, by that Board;
(b) in any other case, by the Executive Director, University Services or nominee.

9.12.1 A student whose enrolment has been terminated under this Regulation may apply for readmission to the University after the expiration of one year from the date of termination provided any conditions imposed by the Vice-Chancellor or the Review Board have been satisfied.

9.12.2 In dealing with an application for readmission to the University, the Faculty will take into consideration the normal admission criteria for that year and the likelihood of successful completion of the program based on evidence of changed circumstances and expert advice available

To be eligible to be admitted to any award of the University, a student must -

(a) comply with all University statutes, regulations and rules;
(b) pay all relevant fees and charges;
(c) complete all requirements prescribed for the program;
(d) gain a grade of Pass Conceded or higher (or, for units for which ungraded results are awarded, a grade of Pass) in accordance with Regulation 6.3 in all assessable components of the course.

Awards will be conferred in accordance with procedures prescribed by the University.

Regulations may be altered from time to time by the Academic Board.

Notwithstanding anything to the contrary contained in these Regulations a Dean may, in any case deemed appropriate, vary, dispense with or suspend any requirements of or prescription in these Regulations. Any such action by a Dean must be reported to Academic Board at the first reasonable opportunity.