Queensland Subordinate Legislation as Made

EDUCATION (QUEENSLAND CURRICULUM AND ASSESSMENT AUTHORITY) REGULATION 2014 No. 126 - SECT 59

(1) The authority may refuse to decide to give a person who took an external senior examination for the subject a level of achievement for an examination subject if it is satisfied—

(a) the person cheated; or

(b) the person was refused entry to a place where the test was held; or

(c) the person was expelled from a place where the test was held; or

(d) there are exceptional circumstances for not deciding the grading of the person.

(2) If the authority proposes to refuse to decide to give the level of achievement, for an examination subject, of a person who took an external senior examination for the subject (the proposed decision), the authority must first give the person a notice (a show cause notice) stating the following—

(a) the proposed decision;

(b) the grounds for the proposed decision;

(c) an outline of the facts and circumstances forming the basis for the grounds;

(d) an invitation to the person to show within a stated period (a show cause period) why the proposed decision should not be made.

(3) The show cause period must be a period ending at least 14 days after the show cause notice is given to the person.

(4) The person may make written representations about the proposed decision to the authority in the show cause period.

(5) The authority must consider all written representations made under subsection (4) before making the proposed decision.

(6) If, after considering the representations for the show cause notice, the authority no longer proposes to make the proposed decision, the authority must as soon as practicable—

(a) give the person notice of its decision; and

(b) decide the person's level of achievement.

(7) If, after considering the representations for the show cause notice, the authority still proposes to make the proposed decision, the authority must as soon as practicable give the person an information notice about the decision.

(8) Subsection (7) also applies if there are no accepted representations for the show cause notice.