Reviews and Appeals

A student may not agree with or understand a decision that has been made on their application.

A decision is the outcome of an assessment of an application where eligibility and entitlement are determined.

An informal review of a decision is designed to both assist students to understand the basis or reason for any decision MSD have made, and provide us with an opportunity to re-check the decision.

An important part of this process involves confirming what specific aspect of the decision might be unclear or disputed and why.

MSD needs to be satisfied that the decision correctly reflects the student's circumstances, the applicable policy, and the law.

An initial informal review is an opportunity to identify and rectify any errors or mistakes that may have been made during the processing of a student's application.

If after completing an informal review, the student does not agree with a decision, they can seek a formal review of the decision.

For more information see:

There are two different types of formal reviews:

• Statutory review - this is a review of a decision set out in clause 5(1) of Schedule 10 of the Education and Training Act 2020. This provision sets out which decisions have statutory review rights, and subsequently statutory appeal rights, and the requirements that must be followed
• Administrative review - this is a review of decisions not covered by clause 5(1) of Schedule 10 of the Education and Training Act 2020. These decisions are reviewed using an administrative process that is consistent with the purpose and intent of the statutory review process.

All reviews must be conducted in a transparent way, i.e. carried out by an independent person who has had no prior involvement in the case, and follow the principles of natural justice. This involves:

• avoiding any suggestion of bias, whether actual or apparent, in both the decision-making process and by the decision-maker and
• ensuring the student receives a fair hearing, including:
  • being advised of and having adequate opportunity to consider the reasons for the decision
  • having the opportunity to give their views and other relevant information
  • being able to ask any questions they may have
  • receiving full and complete answers to their questions