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Assessment and Examination Rules and Procedures for Secondary Schools - 2009

4.4.1 Review of a Breach of the Rules decision

  1. A review is to confirm whether it is more likely than not that the breach of the rules of external assessment occurred.

  2. The Chief Executive will ensure that all involved parties have a copy of any new information, and allow sufficient time for comment on that information.

  3. Where a candidate or other person does not wish to be heard in person, the Chief Executive may proceed to make a decision on the basis of the information received from the candidate or other person, the New Zealand Qualifications Authority, and the independent chair.

  4. Where a candidate or other person wishes to be heard in person, the Chief Executive will correspond with the candidate or other person to set a mutually convenient date for the review. If, after reasonable attempts, a mutually convenient date cannot be found, the Chief Executive may set and specify a date for the review.

  5. The Chief Executive may adopt any procedure the Chief Executive believes reasonable in the circumstances, for the review and for hearing a candidate or other person who wishes to be heard.

  6. In carrying out the review and making a decision the Chief Executive may, at the Chief Executive's discretion, and whether or not a hearing has been requested, do any or all of the following:
    1. ask for further relevant information from either party
    2. receive any new information from either party that is relevant, whether or not the Chief Executive has asked for that information
    3. obtain any advice or expertise from third parties that may assist in the decision, which for the avoidance of doubt may include handwriting or scientific advice or expertise
    4. allow sufficient time for parties to consider any new information, advice or expertise
    5. decide to refer the matter back to the original decision-maker for reconsideration
    6. confirm or change any decision.

  7. Where a candidate or other person has applied for a review of the decision and the decision being reviewed involves the penalty of disqualification from entering further qualifications pending the outcome of the review the candidate or other person may make an entry for a qualification in any year to which the disqualification would otherwise apply. If the review finds that the original decision is valid, any penalties will be reapplied, and the candidate's entry will be withdrawn.

 

Last updated: 27 January 2009