Review of Decisions Policy

  1. What is this policy about?
    1. This policy and its related procedures provide information about which decisions under the Education Act 2004 are reviewable.
  2. Policy Statement
    1. The Education Directorate has a responsibility to make decisions lawfully and in accordance with best practice decision-making principles. The Directorate regularly makes decisions which relate to the administration, management and operation of education services, and affect those accessing its services.
    2. Some decisions are made under legislation which has specific provisions for an external review by the ACT Civil and Administrative Tribunal (ACAT).
    3. While the Directorate is responsible for a number of reviewable decisions under legislation, this policy and the associated procedures specifically relate to education services delivered by the Directorate.
  3. Who does this policy apply to?
    1. This policy applies to all Directorate staff who are authorised to make reviewable decisions under the Education Act 2004 and to parents and others whose interests may be affected by those decisions.
  4. Context
    1. Reviewable Decisions relating to education services

    2. Reviewable decisions relating to education services that are made by the Directorate under the Education Act 2004 are set out at Attachment A together with references to relevant sections of the act, review mechanisms and timeframes for applying for a review.
    3. Reviewable decisions under legislation relating to education services with pre-determined decision-making and appeal considerations relate to the following.
      Education Act 2004
      • Approval to participate in training and employment alternatives
      • Exemption from education participation requirements
      • Home education
      • Suspension, exclusion or transfer of students from ACT public schools
    4. If the original decision is made by a delegate of the Director-General, then an internal review is available. However, if the decision is made by the Director-General, an internal review is not available. An external review through the ACT Civil and Administrative Tribunal (ACAT) under the ACT Civil and Administrative Tribunal Act 2008 is the avenue for review in these circumstances. This is explained in more detail below.
    5. A decision maker who makes a reviewable decision must notify the person affected by the decision that it is a reviewable decision. This is an internal review statement.
  5. Responsibilities
    1. All Directorate decision-makers: who make reviewable decisions under the Education Act 2004 are responsible for implementing this policy.
    2. Policy Owner: Director Governance and Community Liaison is responsible for this policy.
  6. Monitoring and Review
    1. The Director Governance and Community Liaison monitors the policy. This includes an annual scan of operation and review. A full review of the policy will be conducted within a three year period.
  7. Contact
    1. For support contact the Governance and Community Liaison Branch at email EDULegalLiaison@act.gov.au.
  8. Complaints
    1. Any concerns about the application of this policy or the policy itself, should be raised with:
  9. References
    1. Definitions
      • Applicant: The person whose interests are affected by a decision, such as the parents of a child.
      • ACAT: The ACAT is a statutory tribunal that conducts external reviews of certain administrative decisions made by government agencies.
      • Decision - Administrative Decision: A decision that is made in the exercise of public power within the decision-making limits and discretions which administrative law regulates.
      • Decision-maker: A person who has delegated responsibility for and power to make a decision.
      • Delegate: A person authorised by a statutory instrument to carry out another person’s powers or functions i.e. decision-making.
      • Director-General: The person engaged under the Public Sector Management Act 1994 (ACT), to perform the duties of the office of the Director-General of the ACT Education Directorate.
    2. Legislation – (in alphabetical listing) section numbers (if directly relevant), link to legislation
      • ACT Civil and Administrative Tribunal Act 2008 provides for a person to apply to the Tribunal if an authorising law provides that an application may be made for a reviewable decision.
      • Education Act 2004 sets out the circumstances in which school attendance is not required and includes provisions for suspension and exclusion from school.
    3. Implementation Documents
      • Review of Decisions Procedures
    4. Related Policies and Information

Review of Decisions Policy: ROD201601 is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, available on the Directorate’s website at http://www.education.act.gov.au/publications_and_policies/school_and_corporate_policies/A-Z.

Policy Identifier: ROD201601

Published: January 2016

Related Policies and Information: