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Examinations (The Faculties) Rules 2005

Authoritative Version
200500031 Rules/Other as made
The Rules contain certain information relating to the conduct of examinations of candidates in courses to which these Rules apply, and about reviews of decisions made under these Rules.
Administered by: DEST
General Comments: These Rules were originally made under section 7 of the Programs and Awards Statute 2004 and are continued in force under section 4 of the Programs and Awards Statute 2006 (see section 9 of the Programs and Awards Statute 2006 for transitional provision).
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 6
Registered 03 Feb 2005
Date of repeal 03 Jan 2007
Repealed by Examinations Rules 2006

THE AUSTRALIAN NATIONAL UNIVERSITY

EXAMINATIONS (THE FACULTIES) RULES 2005

 

The Council of the Australian National University makes these Rules under section 7 of the Programs and Awards Statute 2004.

 

Dated: 10 December 2004.

 

 

 

 

Peter Baume AO

Chancellor

 

___________________________________________________________________________

Name of Rules and commencement

1(1)     These Rules are the Examinations (The Faculties) Rules 2005.

(2)       These Rules commence on 31 December 2004, immediately after the commencement of the Rules (Repeal) Rules 2004.

Interpretation

2(1)     In these Rules, unless the contrary intention appears:

candidate means a student eligible to undertake, or undertaking, an examination;

department includes centre, division and school;

Dean, for a course or program, means the Dean of the faculty responsible for the course or program;

Director SAS means the Director, Student and Academic Services;

examination, in relation to a course, includes any task that is required to be performed by a candidate for the final assessment of the candidate's performance in that course;

faculty means a faculty in The Faculties;

faculty responsible, in relation to a course or an examination in a course, means:

              (a)   the faculty or faculties by which, or by a department or departments of which, the course is offered; and

              (b)   the faculty in which a candidate at the examination is enrolled;

further examination means an examination required by a Chair of Examiners for a course under subrule 7(3);

special examination, for a candidate in relation to a course, means an examination the candidate is permitted to take under subrule 9(1) or 10(6);

special examination arrangements for a candidate in relation to an examination for a course are arrangements approved under rule 5 for the candidate;

supplementary examination in relation to a course means an examination referred to in subrule 11(1) or (2).

(2)       A reference in these Rules to the head of a department is, unless the contrary intention appears, to be read as including a reference to a person acting in the office of a head of a department and:

              (a)   in the case of the Faculty of Law—as including a reference to the Dean of the Faculty or to a person acting in the office of the Dean of the Faculty; and

              (b)   in the case of the Faculty of Asian Studies—as including the head of a centre or a person acting in the office of head of a centre.

(3)       If:

              (a)   powers and functions are conferred by these Rules on the head of a department in relation to a course offered by that department or by a faculty referred to in paragraph (2)(a) or (b); and

              (b)   the head of the department is absent and no person is acting in the office of head of the department;

those powers and functions may be exercised by the person in charge of the course and, when so exercised, are to be taken to have been exercised by the head of the department.

Meaning of final examination

3(1)     In these Rules, final examination for a course means the final assessment for the course that is in the form of a compulsory formal sit-down theory examination where a candidate must perform the whole of the examination on a given day at a given time.

(2)       For subrule (1), an examination is a final examination for a course only if there is no alternative to examination as the final piece of assessment for the course.

(3)       The Dean of a faculty may extend the definition of final examination for a course to include other forms of examination, including, but not limited to, practical examinations, take-home examinations and essays representing the final assessment in the course.

Manner, time and place of examination

4(1)     The examination of the performance of candidates in a course must, subject to any directions of the Deputy Vice-Chancellor (Education) be conducted in such manner as the Dean of the faculty directs, and at such time and place as the Dean or the Director SAS directs.

(2)       If, under subrule (1), a direction is given by the Dean in relation to the manner in which an examination of the performance of candidates in a course is to be conducted, the head of the department offering the course must cause a notice to be displayed:

              (a)   in the case of the Faculty of Law—on a notice board used by the Faculty; and

              (b)   in the case of the Faculty of Asian Studies—on a notice board used by the centre by which the course is offered; and

              (c)   in any other case—on a notice board used by the department by which the course is offered;

being a notice indicating the manner in which the examination is to be conducted, or indicating where information as to the manner in which the examination is to be conducted may be obtained.

(3)       A failure to comply with subrule (2) is not to be taken to affect the validity of an examination or of anything done in relation to an examination under these rules.

(4)       In this rule, a reference to a notice board is to be read as a reference to a notice board that is commonly used for displaying notices to students, including an electronic notice board or an appropriate part of the University’s internet site.

Special examination arrangements

5(1)     A candidate with a temporary or chronic disability who has dealt with the University’s Disability Services Unit in relation to his or her disability may ask the Unit to determine special examination arrangements for the candidate for an examination, including, but not limited to additional reading or writing time, the provision of special equipment, separate accommodation or the services of an amanuensis.

(2)       Special examination arrangements for a candidate referred to in subrule (1) must be approved by the Director SAS.

(3)       Details of special examination arrangements are to be sent by the Director SAS to the Dean who may request changes to the arrangements.

(4)       The Director SAS is to ensure that the Chair of Examiners for a course is informed of the arrangements.

(5)       A candidate with a temporary or chronic disability to whom subrule (1) does not apply may ask the Dean to approve special examination arrangements in relation to the candidate.

(6)       The Dean may approve special examination arrangements requested under subrule (5).

(7)       The examinations referred in subrule (2) or (5) are to be conducted in accordance with the arrangements set out in subrule (1).

Eligibility to be examined

6(1)     A person is not eligible to be examined in a course unless the person is enrolled in the course and complies with the requirements of the Rules and Orders applicable to taking that course.

Examiners

7(1)     The Dean, on the recommendation of the head of the department offering a course, must, at the commencement of the semester in which the course is offered, appoint a Chair of Examiners and at least 1 other examiner, for the course.

(2)       The Chair of Examiners for a course must:

              (a)   ensure that the academic performance of each candidate attempting  the course is adequately and fairly assessed; and

              (b)   ensure that no candidate is failed in the course unless the candidate's performance in examinations in the course has been reviewed by at least 2 of the examiners appointed in relation to the course; and

              (c)   submit to the head of the department offering the course a written report setting out, for each candidate examined, the marks and the grade of result that the examiners recommend be awarded to that candidate.

(3)       Before submitting recommendations under paragraph (2)(c), the Chair of Examiners may require a candidate to take a further examination to ensure that the academic performance of the candidate in that course is adequately and fairly assessed, and any such examination may be oral, written or practical.

(4)       If a further examination is given, the Chair of Examiners must report the circumstances to the head of the department offering the course, who must send the report to the Dean of each relevant faculty.

(5)       The Chair of Examiners must, before submitting recommendations to the head of the department offering a course, permit full-time members of the staff who participated in the teaching of the course to peruse the recommendations and must take into account any matters put to the Chair by those members.

(6)       The head of the department offering a course must report to the Dean the marks and the grade of result recommended by the Chair of Examiners to be awarded to each candidate in the course.

(7)       After the Dean has approved the results in the course, the Dean must send the results to the Director SAS.

(8)       The Director SAS must cause each candidate to be informed of the candidate's result in the course.

(9)       The Dean may approve, for a course:

              (a)   the marks and the grade of result recommended or amended by the Chair of Examiners, to be awarded to a candidate for the course; or

              (b)   in exceptional circumstances, marks and a grade of result that are different from the marks and the grade of result recommended or amended by the Chair of Examiners to be awarded to a candidate in the course.

(10)     The Director SAS may cause the results in a course to be published.

(11)     To avoid doubt, for the purposes of subrule (10), published includes published electronically in an appropriate part of the University’s internet site.

Review of decisions

8(1)     If, after being notified of the final result for a candidate in a course approved by the Dean, the candidate considers that the established procedures, policies or criteria of assessment for the course have not been followed, the candidate may apply for a review of the result.

[NOTE: A candidate who believes that he or she has received an inappropriate or incorrect result in a course is encouraged to follow the guidelines set out in paper 1303A/2001 Assessment Review and Appeals Procedures before formally lodging an application under this rule.]

(2)       An application under subrule (1) must:

              (a)   be in writing; and

              (b)   be lodged with the Dean within 30 working days of publication of the result, unless the Dean determines otherwise; and

              (c)   be accompanied by appropriate information and documentation; and

              (d)   state clearly the grounds on which the application for the review is based.

(3)       A review must be conducted under procedures established by the Dean for the course concerned and may include the consideration of the application by a review panel appointed by the Dean.

(4)       The Dean may inform himself or herself in any way on any matter relating to the review.

(5)       The decision of the Dean and the reasons for the decision must be sent in writing by the Dean to the candidate, to any further examiners who may have been appointed for the candidate for the course and to members of any relevant review panel.

(6)       After the Dean has:

              (a)   confirmed the final result in a course for a candidate; or

              (b)   approved marks and the grade of a final result (which may be different from the marks and the grade of result in a course recommended by the Chair of Examiners) for the candidate;

the Dean must send the results to the Director SAS.

(7)       The Director SAS must cause the candidate to be informed of the candidate's result in the course.

(8)       The decision of the Dean following a review of a candidate's marks and grade of result in the course is final.

(9)       Except with the approval of the Director SAS, a candidate awaiting the outcome of a review of marks and grade of result in a course may not enrol in another course for which the subject course is a prerequisite until the candidate is awarded a passing result in the course.

Special examinations

9(1)     The Dean may permit a candidate who was eligible to take an examination in a course but was unable to attend the examination to take such special examination as the Dean determines.

(2)       A candidate seeking permission to take a special examination must lodge an application with the Director SAS not later than 72 hours, excluding days during which the University office is closed, after the time fixed for the completion of the examination that the candidate failed to attend, or within such further time as the Dean allows.

(3)       An application under subrule (2) is to be accompanied by a statement in writing setting out the circumstances that prevented the candidate from attending the examination and by such evidence as is available to the candidate in support of that statement.

Candidates whose studies are affected by illness

10(1)   A candidate who considers that the candidate's academic performance in respect of a course has been adversely affected by illness or other cause during the period of studies to which an examination relates, may furnish a statement of the circumstances in writing to the Director SAS, together with any medical or other evidence, before the examination is held.

(2)       If, during an examination the conduct of which is under the supervision of invigilators:

              (a)   a candidate notifies an invigilator that the candidate considers that the candidate's performance in the examination has been adversely affected by illness or other cause in the course of the examination; or

              (b)   another person present at the examination notifies an invigilator that it appears that the performance of a candidate in the examination has been adversely affected by illness or other cause in the course of the examination; or

              (c)   it otherwise appears to an invigilator that the performance of a candidate in the examination has been adversely affected by illness or other cause in the course of the examination;

the invigilator must, as soon as possible after the completion of the examination, so inform the Director SAS in writing.

(3)       If a candidate considers that the candidate's performance in an examination other than an examination of the kind referred to in subrule (2) has been adversely affected by illness or other cause during the examination, the candidate may, before the conclusion of the examination, so notify the Director SAS.

(4)       Upon receiving a notification under subrule (1), (2) or (3), the Director SAS must report accordingly to the Dean who must send the report to the examiners.

(5)       The examiners must take the report into account in making their assessment of the performance of the candidate in the course.

(6)       The Dean may permit a candidate to whom this rule applies to sit for a special examination in the course.

Eligibility for supplementary examination

11(1)   A candidate must be offered a supplementary examination for a course if the candidate:

              (a)   fails the final examination for the course by not more than 5 marks; and

              (b)   needs to gain a bare pass in that examination to gain a pass in the course.

[NOTE: for paragraph (1)(a), the candidate must have achieved a result of N 45 to 49, not NCN.]

(2)       A candidate must be offered a supplementary examination for a course if the candidate:

              (a)   fails the final examination for the course by not more than 5 marks; and

              (b)   has a final mark in the course that is at least a bare pass, but fails the course because of a rule requiring a pass in the final examination to achieve a pass in the course.

[NOTE: for paragraph (2)(a), the candidate must have achieved a result of N 45 to 49, not NCN.]

(3)       A candidate is not eligible under this rule for a supplementary examination for a course if the candidate passes the course but needs a higher mark to progress to another course in the discipline.

Offer of supplementary examination

12(1)   If a candidate is eligible for a supplementary examination for a course, the candidate's Notification of Results must show an interim result of PX for the course.

(2)       If a candidate is notified of an interim result of PX for a course, the notification constitutes an offer by the Dean of a supplementary examination for the course.

(3)       However, subrule (2) does not prevent the Dean from offering a candidate a supplementary examination in writing in any other way.

(4)       A candidate must accept or reject the offer by notifying, in writing, the Dean within 7 working days of the offer being made to the candidate.

(5)       A candidate who fails a course following a supplementary examination may be eligible to be offered a supplementary examination in another attempt at the same course.

Supplementary examination

13(1)   The Dean must:

              (a)   determine the form a supplementary examination is to take; and

              (b)   give adequate notice to the candidate (at the candidate’s most current address notified to the Director SAS) of the form, time and place of the supplementary examination.

(2)       If a candidate passes a supplementary examination offered under rule 12, the candidate is regarded as having passed the final assessment for the course concerned with a result of PS 50.

(3)       Except with the approval of the Dean, a supplementary examination must be held before the end of the first week of the semester next following that to which the assessment relates.

(4)       A candidate for a supplementary examination must be informed of the results of the examination in accordance with rule 7.

(5)       There is no limit to the number of supplementary examinations that a candidate may be offered.

Prerequisite courses

14(1)   Except with the approval of Director SAS, a candidate awaiting the result of a supplementary examination in a course (the subject course) may not enrol in another course for which the subject course is a prerequisite until the candidate is awarded a result of PS 50 in the subject course.