Can I apply for a review?

Once a local and then formal resolution have been obtained under the policy, you need to identify whether the decision you wish to have reviewed is a 'reviewable decision'.

A decision will be 'reviewable' if it falls under one of the following categories:

• General misconduct decision
  A general misconduct decision is a decision made by an Authorised Officer or University staff member pursuant to the Student General Misconduct Regulations 2012.
• Academic misconduct decision
  An academic misconduct decision is a decision made by an Authorised Officer or University staff member pursuant to the Student Academic Misconduct Regulations 2012.
• Reviewable administrative decision
  A reviewable administrative decision is a final decision made in response to a complaint.
• Student unsatisfactory progress decision
  A student unsatisfactory progress decision is a decision made under the progress review provisions in the Academic Progress Policy.
• Deemed refusal
  A deemed refusal is a decision, which a student has applied for but after 21 working days has not been made by the University, and if it had been made it would have affected the applicant in their capacity as a student.

How do I apply for review?

• Complete our Application for Review Form

An appeal is the second step in the review and appeals process. If you have received a review outcome and you are dissatisfied with the University’s decision, you can apply for an appeal of that decision.

Can I apply for an appeal?

You can apply for an appeal of a University decision if:

• you have received a review outcome
• you apply within 21 working days of receiving notice of the review decision
• you have one or more grounds for appeal.

Grounds for appeal

You must identify one or more of the following grounds for appeal:

• There was relevant evidence which could not have been known by you prior to the review and was not taken into account by the review officer
• A procedural irregularity occurred which may have affected the review officer's decision
• The decision was manifestly wrong
• The penalty imposed was manifestly excessive
• The review officer failed to make a decision within 21 working days.

How do I apply for an appeal?

• Complete the Appeal Application Form

You also have a right to request that certain external agencies review university decisions. External bodies may require that you exhaust Swinburne's review and appeal processes before they will consider your case.

The following external agencies can assist you in appealing university decisions:

• Ombudsman Victoria (OV) You may appeal to Ombudsman Victoria (OV) if you are dissatisfied with a university decision. OV may require that you have exhausted all internal avenues of resolution, including review and appeal, before they will undertake a review of University decision.
• Administrative Appeals Tribunal (AAT) A student may appeal to the Administrative Appeals Tribunal (AAT) where the university has refused to re-credit a student's FEE HELP, HECS-HELP, OS-HELP or VET FEE HELP balance under the University's remissions guidelines.

Please note this is not an exhaustive list.