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Download Assessment Eligibility Check Appeals Policy (6 pages PDF)

Purpose

This policy describes the process for submitting, accepting and managing appeals related to the eligibility check stage of an APC skills assessment.

Scope

This policy applies to candidates who have submitted an eligibility check application to APC and received an outcome. An outcome is issued either via an email or a Skills Assessment Outcome (SAO).

Overview

APC undertakes skills assessments in accordance with the DEWR Guidelines for Skilled Migration Assessing Authorities. As required by the Guidelines, candidates who have submitted an eligibility check application to APC and received an outcome are able to appeal the outcome via a formal process.

Internal Review

An internal review involves a more senior officer within APC, who was not involved in processing the original application, reviewing the original eligibility check decision to ensure that no errors have been made in the assessment or administration of the application.

An applicant requesting a review of a decision may provide new evidence. However, where an applicant for a review submits new evidence that causes the original decision to be overturned, APC will not refund the eligibility check application fee.

Internal Review Process

An applicant who chooses to request an internal review of their eligibility check outcome to APC must:

  • submit it in writing (either via email or post)

  • submit it within 30 business days of receiving the eligibility check outcome
  • include an explanation of the basis for them requesting the internal review
  • include any new evidence they have not previously provided, including an explanation of why/how they believe it is relevant

The internal review will be undertaken by a more senior officer within APC who was not involved in the original decision.

APC will provide written notice of the review decision within 30 business days. If APC is unable to meet this timeframe, they will notify the applicant in writing.

The review decision will include:

  • the reasons for the decision
  • advice about how to appeal the decision
  • feedback on how the outcome was determined
  • advice on what options are now open to them

External Appeal

On receiving the outcome of an internal review, an applicant may choose to request an external appeal.

No new evidence can be provided as part of an application for an external appeal. The opportunity to provide new evidence is offered as part of the internal review. Any new evidence submitted as part of the internal review will be taken into consideration during the external appeal.

External Appeal Process

An applicant who chooses to request an external appeal of their eligibility check outcome to APC must:

  • submit it in writing (either via email or post)
  • submit it within 30 business days of receiving the outcome of the internal review
  • include an explanation of the basis for them submitting the external appeal

Each party to the appeal may be accompanied or assisted by another person at their own cost.

The external appeal will be undertaken by the Deputy Chair of the APC Board who will re-assess the application. If the Deputy Chair is unable to undertake the appeal, the APC will engage an independent assessor or advisory with pharmacy expertise (for example a pharmacist, academic or regulatory/professional body representative) whose primary role is not with the APC.

The independent assessor will provide written notice of the appeal decision to APC and the applicant within 30 business days. If the independent assessor is unable to meet this timeframe, they will notify APC and the applicant in writing.

The review decision will include the reasons for the decision.

Related documents/ Links

DEWR Guidelines for Skilled Migration Assessing Authorities

O-78 APC Assessment Standards

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