Reviewable Decisions Policy

1. What is this policy about?
   1. While the Education Directorate (the Directorate) is responsible for several Reviewable Decisions under legislation, this policy and the associated procedures specifically relate to public education services delivered by the Directorate.
   2. Reviewable decisions made under legislation by the Minister for Education that relate to the delivery of education services by non-government providers are outside the scope of this policy.
2. Policy Statement
   1. The Directorate is committed to ensuring reviews of reviewable decisions are made lawfully and in accordance with best practice decision-making principles.
   2. If the original reviewable decision is made by a delegate of the Director-General, then an internal review is available.
   3. If the original reviewable decision is made personally by the Director-General, an internal review is not available. An external review through ACAT under the ACT Civil and Administrative Tribunal Act 2008 is the avenue for review in these circumstances.
   4. Affected persons who are not satisfied with the outcome of an internal review may also seek an external review through ACAT.
   5. An internal review of a Reviewable Decision requires the reviewer to consider the matter on its merits, which requires the remaking of a decision as if the internal reviewer were the original decision-maker.
   6. The internal reviewer must consider the matter afresh and decide what is the correct and preferable decision having regard to the merits of the case and all available (relevant and credible) evidence, including any information which may have become available after he original decision was made.
   7. Internal reviewers are encouraged to document their decisions in a Statement of Reasons and provide this to the applicant on completion of the review.
3. Who does this policy apply to?
   1. This policy applies to all Directorate staff who are authorised to make and review Reviewable Decisions under the Education Act 2004 (the Act).
4. Context
   1. The Reviewable Decisions Policy provides information about processes associated with reviewable decisions under the Act.
5. Responsibilities
   1. All Directorate decision-makers who are authorised to make and review reviewable decisions under the Act are responsible for implementing this policy.
   2. The Executive Branch Manager, Governance is the owner of this policy.
6. Monitoring and Review
   1. The Policy Owner monitors this policy. This includes an annual scan of operation and review. A full review of the policy will be conducted within a five-year period or earlier as required.
7. Contact
   1. For support contact the Legal Liaison Team on (02) 6205 8510 or email EDULegalLiaison@act.gov.au.
8. Complaints
   1. Any feedback about this policy, should be raised with the policy owner. Refer to Contact information above.
9. References
   1. Definitions
      • Applicant: The person whose interests are affected by a decision, such as the parents of a child.
      • ACAT: The ACT Civil and Administrative Tribunal is a statutory tribunal that conducts external reviews of certain administrative decisions made by government agencies.
      • Administrative Decision: A decision made in the exercise of public power by a decision-maker, within limits and discretions under the law.
      • 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, to perform the duties of the office of the Director-General of the ACT Education Directorate.
      • Internal Review Notice: If a decision-maker makes an internally Reviewable Decision, the decision maker must give an internal review notice to each entity mentioned in schedule 1, column 4 in relation to the decision (s.141 Education Act 2004).
      • Externally Reviewable Decision: A decision subject to external review by ACAT because it is either (a) the outcome of an internal review with which the applicant is not satisfied, or (b) an internal decision relating to education services specified at Schedule 1 of the Act, which is made personally by the Minister or the Director-General.
      • Internally Reviewable Decision: a decision relating to education services set out in the Procedure, which is made by a delegate of the Director-General and is available for internal review.
   2. Legislation
      • Reviewable decisions are set out at in the Education Act 2004.
   3. Implementation Documents
      • Reviewable Decisions Procedure including List of Legislated Decisions relating to Education Services under the Education Act 2004.
      • Reviewable Decisions Process Map
      • Internal Review Lodgement Form
   4. Related Policies and Information
      • Suspension, Transfer and Exclusion Policy
      • Home Education content on the Education Directorate website
      • Exemption Certificates Procedure
      • Post Year 10 alternatives (Approval Statements)

Reviewable 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/.