Student Appeals Policy
| Effective Date: | 02/02/2025 | Review Date: | February 2027 |
| Document Status: | PUBLISHED | Current Version: | 2025.1 |
| Consultation Period Opened: | 06/01/2025 | Consultation Period Closed: | 01/02/2025 |
| Authorised by: | Chief Executive Officer | Document Owner: | Alexander Mueller |
| Standards for RTOs (Version 2025) | Standard 2 | Clause(s) | 2.8 |
WARNING! – UNCONTROLLED WHEN PRINTED! – THE ORIGINAL/LATEST/CURRENT VERSION OF THIS DOCUMENT IS KEPT IN THE I.T.S POLICY AND PROCEDURES MANUAL LOCATED IN THE STAFF PORTAL.
01. Introduction
This policy provides a framework for Intelligent Training Solutions to respond to appeals by a student in a way that contributes to the Colleges supportive and fair learning environment, and is consistent with the principles of fairness, equal opportunity and Natural Justice.
02. Objection
As part of the College’s student appeals policy framework, the student appeals procedure provides a framework for our College to respond to appeals in a way that contributes to Intelligent Training Solution’s supportive and fair learning environment and is consistent with the principles of fairness, equal opportunity and natural justice.
To provide information about the process for lodging an appeal and guide students and staff through the formal stages to ensure fair equal, and just outcomes.
03. Scope
This procedure provides a process for students to make an appeal against decisions made by the College that may have an adverse effect on students (dependent on the relevant RTO policy or Legislation).
This Procedure is applicable to:
- all students and staff of Intelligent Training Solutions, including partner providers.
- prospective students whose complaint or appeal relates to administrative practices during application, selection or admission.
An appeal may be an Internal or External appeal against an adverse decision made by the College under a procedure, Legislation or other process where a right of appeal is available.
04. Definitions
| TERM | DEFINITION |
| Appeal | Means an escalation step which may be open to a student if the student is dissatisfied with an adverse decision or perceives an adverse outcome. This term covers both Internal Appeals and External Appeals. |
| Complaint |
A complaint is an expression of dissatisfaction with one or more aspects of:
|
| ‘College’ or RTO | Refers to Intelligent Training Solutions as a Registered Training Organisation. An accredited Vocational education provider that offers vocational and career-focused courses. |
| External Appeal |
An appeal or complaint made to an external Agency against a Final Decision of the RTO. |
| Executive Officer |
Means the person appointed by the Chief Executive Officer to be the Executive Officer of the Student Appeals Committee. |
| Final Decision |
A written decision made by the member of Staff authorised to make that decision and communicated to the Complainant in writing when all Internal Appeal avenues within the RTO’s Procedures and processes, including under Legislation, or, if applicable, under this procedure have been exhausted. |
| Good Faith |
Means to act with honesty and sincerity of intention. |
| Internal Appeal |
An Appeal against a Final Decision where the Appeal is brought under
RTO Legislation or where there is a process for appeal within other RTO Procedures. |
| Natural Justice |
is a concept made up of two rules – the fair hearing rule and the bias rule.
This may include, but not be limited by, the following:
|
| Partner Provider | A third-party provider who has entered into an agreement with Intelligent Training Solutions to deliver all or part of a unit or course to students. |
| Student Advocacy |
Refers to the College’s General Manager or Student Support Team. |
| Standards |
The ‘Standards’ refers to the current enforced Standards for RTOs. |
| Student Appeals Committee |
Involves the senior management or the Academic Board. |
05. Actions
Where a student is dissatisfied with the outcome of a decision made by the College, the Student may appeal the decision through this procedure. If there is no appeal process in place with relation to the decision prescribed by Legislation, or a policy or other formal process, then the student may be directed to a right of external appeal.
Students may seek information about Student Appeal and Complaints processes from the General Manager or Student Support Team.
06. Grounds for Appeal
Appeals may be lodged against decisions made under the College’s Policies or Procedures, if the relevant document includes a right of appeal.
Appeals may occur because of decisions made including, but not limited to, the following:
- Appeal against a selection (enrolment) decision.
- Appeal of a final grade (appeal on an assessment judgment);
- Special consideration;
- Student discipline (including cheating, unfair advantage and plagiarism);
- Examinations;
- Unsatisfactory progress;
- Exclusion;
- Admission, enrolment, transfer and withdrawal;
- Credit;
- Fees and charges;
- Bullying;
- Discrimination;
- Harassment;
- Privacy; and Conduct that has an unreasonable negative impact on the student.
07. Confidentiality
All people involved in the Appeal process, including the Support Person, must maintain confidentiality and only discuss the Complaint with persons who need to know in order to assist in the Appeal process.
This responsibility extends to the Complainant. Failure to maintain confidentiality may result in disciplinary action. This does not prevent any Party from discussing the matter with any confidential support service.
08. Appeals Under the Standards
The Standards for RTOs is the main source of information about the Appeal processes. If a student is dissatisfied with a decision made about the student under the Standards, the Student must consult the currently enforced RTO Standards, or consult with Student Advocacy to find:
- whether there is a right of appeal; and
- the criteria for lodging an Internal appeal; and
- the process for lodging an Internal appeal.
09. Appeals Under the College’s Policies and Procedures
The College may make decisions that affect a student under its policies or procedures. A student adversely affected by such a decision will be notified of it by a College staff member, any right of appeal and the applicable process. A decision is an appealable decision if it is:
- decision by the College that a person has committed student misconduct.
- a Final Decision made by the College in response to a student complaint, other than a frivolous or trivial complaint.
- a student’s unsatisfactory progress decision.
- a decision in respect of which Standard, other legislation, or an applicable Commonwealth or State regulatory framework allows or requires the right of review or appeal.
The College policies and procedures that may have an appeal process include, but are not limited to:
- Bullying behaviour by the College’s staff or students.
- Direct or indirect discrimination.
- Compliant about personal or other information held by the College.
- Harassing behaviour including racial or sexual harassment.
- Privacy or breachers of Privacy.
- Conduct that has an unreasonable negative impact on a student.
- Pre-enrolment appeal.
10. Apply for a Review of a Final Grade (Reviewing An Assessment Judgment)
In accordance with the Standards (Clause 2.8), a student may apply for a review of a unit final grade or result by submitting an application for review to the Student Appeals Committee. A student may apply for review of a final grade only on one of the following grounds:
- Disagreement with the Assessor’s Decision
- Misinterpretation of Responses
- Procedural Errors
- Inadequate Feedback
- Perceived Bias
- Incorrect Application of Standards
- Lack of Opportunity to Provide Further Evidence
- Errors in Assessment Materials
- Lack of Clarity in Assessment Instructions
- Personal or Extenuating Circumstances
10.1 Review of Assessment Judgement Form
Student’s wishing to apply for a review of a final grade can do so by completing the application form: https://enrolments.its.edu.au/?p=23726
11. Appeals to the Student Appeals Committee
Most (but not all) internal appeals are heard by Committees or the Academic Board. The role of Academic Board is to provide:
- Academic oversight of prescribed courses and units of study of higher education in the College; and
- Advice to College staff on the conduct and content of those courses and units.
The student appeals committee is most likely to hear an internal appeal. This committee generally involves the College’s General Manager, Course Coordinator, Compliance Officer, and trainers and assessors.
An appeal lodged with the Student Appeals Committee will need to satisfy one or more of the following grounds:
- that there was relevant evidence which:
- was available to the decision-maker at the time the decision was made but was not taken into account by the decision-maker.
- was not known by the applicant before the decision was made and could not reasonably have been known by the applicant before the decision was made.
- that there was an irregularity of procedure which may have affected the decision.
- that the decision was manifestly wrong.
- that a procedural irregularity occurred which may have affected the decision.
- that the penalty imposed was manifestly excessive; or
- that there was a deemed refusal.
If a student is advised that they have a right of internal appeal under Standards or the College’s policies and procedures, it is the responsibility of the student to consult the relevant Standards, procedure or policy to determine the requirements for an appeal, including their obligation to provide any Committee or member of Staff with relevant evidence or information. The College reserves the right to refuse an Internal Appeal if the student has not met their obligations under the relevant Standards or policy.
The Chair of the Student Appeals Committee has the discretion to choose one of two types of hearing:
- A desktop review of the written case and applicable supporting evidence; or
- A formal hearing by a panel constituted from members of the Student Appeals Committee.
The Chair of the Student Appeals Committee has the discretion to extend the period for lodgement of an appeal, if the student can demonstrate exceptional circumstances.
All appeals will be guided by the principles of Natural Justice.
12. General Principles and Guidance
OBLIGATIONS OF ALL PARTIES
Students wishing to lodge an Appeal must act reasonably, in accordance with their responsibilities under all relevant Standards and policies, and in Good Faith. All parties involved in an appeal are expected to demonstrate respect for the rights of others at all stages of the appeal process.
The College reserves the right to take formal action against any Party who lodges an Appeal based on false or malicious grounds.
All parties to the appeal process are reminded that any untrue material raised about a person during the appeal process that lowers that person’s reputation in the community may be subject to external claims for defamation.
A College decision that results in suspension or exclusion of the student will generally require the student to lodge an appeal (if a right of appeal exists) within thirty (30) working days of the student receiving notice of the original decision.
LODGING AN EXTERNAL APPEAL
If the student lodging an external appeal, the student must lodge the appeal within the timeframe stated in the Final Decision and promptly notify the Appeals Committee and Student Administration of the appeal. The unique identifying number of the external appeal will be required for verification purposes.
SEEKING GUIDANCE
College staff and students may seek guidance on the appeal process under a policy or procedure from the staff member(s) identified in that policy or procedure as having responsibility for guidance, or from the General Manager.
Guidance on the appeal process within the Standards can be provided by the Chief Executive Officer to Appeals Committee.
Guidance on a student’s right to external appeal can be obtained from the College’s General Manager.
OBLIGATIONS OF THE COLLEGE
Students at all levels of the internal appeal process will receive written information detailing how the outcome of the process will be communicated. This information will be provided as an automated receipt upon receiving an application for an appeal. The student’s current address and email address will also be confirmed at this stage.
The outcome of the appeal will be documented and sent to the student’s email account via their preferred email address provided on the student’s appeal form, or to the student’s current postal address via Australia Post’s regular, express, or registered mail services, consistent with the appeal notice. A copy of the appeal decision will be uploaded to the student’s profile held by the College.
If a decision is made that adversely affects the student and a right of internal appeal exists, the student will be informed of the right to appeal and the requirements of the relevant appeal procedure.
EXTERNAL APPEAL AND ADDITIONAL LEGAL REMEDIES
If the decision is a final decision or there is no right of internal appeal, the College will provide written notice of the student’s right to seek an external appeal, for example to the Victorian Ombudsman. Costs involved in external appeals will be the responsibility of the student.
If the internal appeal or external appeal process results in a decision in favour of the student, the student will be notified and any corrective and/or preventative action required will be implemented immediately, as directed by the Chair of the Committee or person making the decision.
If a student has lodged an external appeal, the student’s enrolment will be maintained for the duration of the appeal process unless maintaining enrolment would constitute a risk to health and safety, or the student has previously lodged an external appeal in relation to the same matter and been unsuccessful.
The College acknowledges that in some cases a student may choose to exercise their rights under external legal processes. If a student commences external legal action, any action contemplated or in progress under College policies or procedures may cease, and may not resume unless and until the matter is referred back to the College by an external authority.
13. Timeframes
The College review process will take up to 30 days from the date of the student’s application submission.
14. Fees & Costs
No fees are involved to apply for an internal appeal.
Fees involved with external appeals will be at the cost of the student and may include Intelligent Training Solutions costs should the external review determine that the student application for the review was frivolous or lacked evidence.
15. Continuous Improvement
All appeal decisions and outcomes will be reviewed to identify opportunities for enhancing our processes, policies, and overall service delivery. Any identified improvement opportunities arising from the appeals process will be documented and added to the College’s Continuous Improvement Register for further review and action. This ensures that we consistently strive to deliver the highest standards of education and support to our students.
16. Responsibility
- The Chief Executive Officer is responsible for the scheduled review and maintenance of this procedure and its associated policy.
- The General Manager is responsible for the administration support and the operational implementation of this policy and procedure.
17. Legislative Context
- Privacy and Data Protection Act (VIC)
- Standards for RTOs
- ASQA
- Equal Opportunity ACT 2010 (VIC)
18. Forms and Record Keeping
This policy has been approved for publication by the Company Director and Chief Executive Officer, Alexander Mueller
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SIGNATURE | DATE: 02/02/2025
19. Revision History
POLICY DOCUMENTATION REGISTER
| REVISION | DATE | DOCUMENT VERSION | DESCRIPTION OF MODIFICATION OR AMENDMENT |
| 1 | October | 2018.1 |
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| 2 | January 2025 | 2025.1 |
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| 3 | February 2025 | 2025.1 |
|