Glossary

Adjudication

Adjudication is a process where disputing parties agree to have an independent assessment and decision made about their dispute. The adjudicator's decision is binding on the parties if it is accepted by the student.

Adjudicator

A person who presides over hearings and makes decisions about formal disputes.

Binding decision

A final decision by an adjudicator in a dispute becomes binding on the parties to the dispute.

Complaint Process

The path that a complaint follows from the original complaint to its resolution. 

Dispute

A disagreement.

Dispute resolution

All processes that are used to resolve disputes, whether within or outside court proceedings. Dispute resolution includes approaches that prevent disputes or enable parties to manage and resolve their disputes without intervention.

Final Decision

This is a judgement made by iStudent at the end of the compaints process. This will lead to a case being dismissed or upheld.

International students

In section 238D of the Education Act 1989, international student means a person who is enrolled by a provider; and in relation to a provider, is an international student as defined in section 2(1) – at any time, means a person who is not then a domestic student.

A person who, by court or testamentary appointment, is responsible for the student’s well-being and financial support and provides for the care of the student in the student’s home country.

Mediation

Mediation is a voluntary process where the parties in conflict are encouraged by the mediator to understand each other’s perspectives, talk through the issues, identify their mutual interests, develop realistic options, and find a solution that the parties can agree to.

Mediation can be a face-to-face meeting between the parties and the mediator, but can also be done over the telephone, using Skype or videoconference. Sometimes the mediation may occur over a series of meetings.

Natural Justice

These are the principles, procedures or treatment that is felt to be morally right or fair.

The two basic components (or rules) of natural justice are:

1. The Hearing Rule: the person complaining or complained about has a fair opportunity to be heard on the matters in issue; and
2. The Bias Rule: the decision-maker is free from bias (including apparent bias) or pre-determination.

Negotiation

Negotiation is the process of parties getting together with a view to reconciling differences and establishing areas of agreement, settlement or compromise.

Provider

In section 238D of the Education Act 1989, a provider means:

  1. a registered school; or
  2. an institution as defined in section 159
  3. a private training establishment holding a current registration under Part 18; or
  4. an organisation that provides adult and community education and receives funding under section 159YA or 159ZC.

Provisional decision

This is a temporary or conditional decision that is subject to change. All parties are given the opportunity to say whether they agree or disagree with the provisional decision and their reasons for this, which the adjudicator will consider.

Student claimant

In relation to a provider, a student claimant:

  1. means a person who

    • is an international student  enrolled by the provider; or
    • is a former international student enrolled by the provider; or
    • intends to be, or is in the process of being, enrolled by the provider as an international student
  2. includes a parent or legal guardian of a person in paragraph (a).

Without-prejudice

The without prejudice rule is designed to enable frank conversations, without fear of remarks made being referred to in current, or subsequent proceedings.