University Secretary's Department Statutes and Regulation

Statute 11.3 - Exclusion From Enrolment

 

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Interpretation

11.3.1
  1. In this statute, unless the contrary intention appears-
    “admission review committee” means the committee referred to in section 11.3.4(1);
    “applicant” means a person who is not a student who has applied for enrolment in a course, subject or a group of subjects at or offered by the University;
    “direction” means a direction given by the provost pursuant to section 11.3.3(1);
    “show-cause notice” means the notice referred to in section 11.3.3(5);
    “student” means a person defined under section 3 of the Act; and words and expressions defined in other statutes or regulations have the same meaning in this statute.

General

11.3.2
  1. Any notice given for the purposes of this statute is deemed to have been received-
    1. if sent by registered or express post to an address within Australia, on the third working day after it was sent;
    2. if sent by registered or express post to an address outside Australia, on the seventh working day after it was sent;
    3. if delivered by courier, on the date recorded in the courier's records as the date of delivery
    4. if sent by email to an address provided by the recipient, 24 hours after the time it was sent; and
    5. if sent in any other form or method approved from time to time by Council, on such date as Council prescribes as the date of deemed receipt of that notice.
  2. A copy of any notice sent pursuant to sub-section (1)(e) must be retained by the University in such form as Council may prescribe.
  3. A person or committee exercising powers under this statute may in their discretion extend any of the time limits prescribed for the taking of any actions or steps referred to in this statute for such period and on such terms, if any, as they consider appropriate.
  4. A person or committee exercising any power or carrying out any function under this statute may use such administrative and professional assistance and support as is reasonable to facilitate the exercise of such powers or functions.
  5. Subject to section 11.3.2(3), any person or committee who exercises any power or carries out any function under this statute must treat the subject matter thereof as confidential, save where necessary for the discharge of that person’s responsibilities pursuant to this statute or as otherwise required or permitted by law.
  6. Council may make rules and give directions regarding any matter relevant to this statute but not inconsistent with its terms.

Direction by provost

11.3.3
  1. Notwithstanding any other provision of the statutes or regulations, the provost may, in his or her discretion after consultation with the Board, direct that the academic registrar must refuse to enrol an applicant as a student of the University. The academic registrar must comply with that direction.
  2. The provost must not give a direction unless he or she is satisfied that the applicant has acted or behaved, is acting or behaving, or if the applicant were to be enrolled as a student of the University, is likely to act or behave, in a way which involves a risk of-
    1. injury to the applicant or to any other person;
    2. harassment to a material extent of any student or member of staff of the University;
    3. severe emotional disturbance to any student or member of staff of the University;
    4. serious disruption of the provision of academic or general services to students or members of staff of the University; or
    5. serious damage to property.
  3. The provost is not required to afford the applicant an opportunity to tender evidence or make submissions or accord a hearing before giving a direction under section 11.3.3.
  4. Where the provost gives a direction, he or she must, within seven days, provide a written notice to the applicant-
    1. setting out the terms of the direction;
    2. setting out in summary form the reasons for the direction;
    3. informing the applicant that he or she is entitled to the opportunity to show cause why, notwithstanding the direction, he or she should be permitted to enrol as a student; and
    4. referring the applicant to the provisions of this statute.
  5. If the applicant is dissatisfied with a direction, the applicant may within 14 days of receipt of the notice referred to in section 11.3.3(4) provide a written notice (in this statute called a “show-cause notice”)-
    1. advising the provost that he or she wishes to show cause why, notwithstanding the direction of the provost, he or she should be accepted for enrolment as a student; and
    2. advising of the address to which any communication from the provost or the admission review committee in respect of the direction is to be forwarded.
  6. The provost may at any time revoke or vary a direction. A direction remains in force until it is either-
    1. revoked or varied by the provost; or
    2. revoked by an admission review committee pursuant to section 11.3.5(4).
  7. While a direction is in force in respect of an applicant, he or she is not eligible to be enrolled as a student.
  8. The provost must provide a report setting out in summary form the terms and reasons for each direction given by him or her to the next meeting of Council.

Establishment and composition of admission review committee

11.3.4
  1. The provost must, within seven days of receipt of a show-cause notice, refer-
    1. the show-cause notice;
    2. the terms of any relevant direction
    3. the summary of the reasons referred to in section 11.3.3 (4) (b); and
    4. all information, including documents, of which the provost is aware relating to or relevant to that direction, to the university secretary for consideration by a committee (in this statute called an “admission review committee”) in accordance with the provisions of this statute.
  2. The university secretary or his or her nominee must, within 14 days of receipt of the documents referred to in section 11.3.4(1)-
    1. establish an admission review committee in accordance with the provisions of sub-section (4); and
    2. provide a written notice to the applicant-
      1. attaching copies of the documents referred to in section 11.3.4(1)(d);  and
      2. advising the applicant of the date on which a meeting of the admission review committee will be held to consider the show-cause notice.
  3. The applicant is to be given reasonable notice of the time and place of the meeting or any adjourned meeting of the admission review committee.
  4. The admission review committee is to comprise-
    1. two persons who may be members of Council other than members of staff or students who shall be appointed by the Chancellor who is also to appoint one of such persons to chair the committee; and
    2. the president of the Board or his or her nominee.

Powers and procedures of the admission review committee

11.3.5
  1. In carrying out its functions under this section, the admission review committee-
    1. may follow any procedure it considers appropriate;
    2. is not bound by the rules of evidence or other technicalities or legal forms, and may inform itself in relation to any matter in any manner it thinks fit;
    3. must act fairly in all the circumstances, having regard to the requirements of natural justice;
    4. must, at the request of the applicant, allow the applicant to be accompanied by a support person nominated in accordance with section 11.3.5(2).
  2. The applicant may, no later than 24 hours before the commencement of a meeting of the admission review committee, notify the chair of the admission review committee that he or she wishes to have a specified person present at the meeting (‘support person’). The support person may be a qualified legal practitioner.
  3. The support person accompanying the applicant in a hearing of the admission review committee under section 11.3.5 has no right to be heard at the hearing, except with permission of the chair of the admission review committee which must not be unreasonably withheld. The chair of the admission review committee may exclude the support person from the meeting if the chair considers that he or she disrupts or unreasonably impairs the conduct of the meeting.
  4. The admission review committee must decide either to affirm or to revoke the direction on such terms and conditions as it thinks appropriate. The admission review committee must not revoke the direction unless it is satisfied that the applicant has not acted or behaved, and if enrolled as a student is not likely to act or behave, in a way which involves a risk of-
    1. injury to the applicant or to any other person;
    2. harassment to a material extent of any student or member of staff of the University;
    3. severe emotional disturbance to any student or member of staff of the University;
    4. serious disruption of the provision of academic or general services to students or members of staff of the University; or
    5. serious damage to property.
  5. If the admission review committee decides to revoke the direction the applicant shall be permitted to enrol subject to the applicant complying with such conditions as the admission review committee may have imposed.
  6. For the avoidance of doubt, a student who breaches a condition imposed on him or her under section 11.3.5(5) has engaged in conduct that is “general misconduct” for the purposes of Statute 13.1.
  7. Within three working days of any decision made by the admission review committee under section 11.3.5(4) it must-
    1. provide to the applicant written notice of the terms of the decision by forwarding a copy of the notice to the address nominated by the applicant or if no notice has been nominated, to the address last known to the University; and
    2. provide the academic registrar with a copy of the notice.
  8. If the admission review committee decides to affirm the direction, the direction shall remain in force and the academic registrar must continue to comply with that direction.
  9. Notwithstanding section 4.1.2(3)(a) of Statute 4.1, there is no right of appeal to the Board from any direction or from any decision made by an admission review committee under this statute.

 

[Enacted by Council 12/7/10 – Approved by the Minister 27/9/10 – Effective 1/1/11;]
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