Appeals against NCGP administrative processes

[TOC]

Introduction

The Grant Guidelines (formerly known as Funding Rules) for the various ARC funding schemes make provision for an appeals process, whereby appeals will be considered against administrative process issues. The appeals process is designed to ensure that the applicant has been treated fairly and consistently in the context of the selection procedures.

The ARC will only consider appeals against administrative process issues and not against committee decisions, assessor ratings and comments, or Ministerial decisions.

The ARC Appeals Committee meets two to three times per year to consider appeals arising from recent funding rounds.

Step 1: Submit an appeal to the ARC

Appeals must be made on the appeals form available from the ARC's website. The form must be lodged through the research office of the Administering Organisation which submitted the original application.

Appeals Form

The appeals form should be sent to: ARC-NCGP@arc.gov.au

Applicants should provide the ARC with all the information necessary to enable the appeal to be considered without the need for further written or oral explanation or reference to additional material.

Step 2: ARC handling of an appeal

The NCGP Committees Team: 

The NCGP Committees Team will manage the appeals process. They will:

• be the primary contact point for lodgement and enquiries regarding appeals
• acknowledge receipt of an Administering Organisation's appeal
• collate the appellant's and the ARC's submission for the Appeals Committee (generally the ARC's submission outlines relevant provisions of the Grant Guidelines and the processes which were applied during the selection process)
• provide secretariat support to the ARC Appeals Committee
• inform the relevant Administering Organisation of the outcome of the appeal.

Appeals Committee:

The ARC appoints an Appeals Committee to hear appeals and make recommendations to the ARC's Chief Executive Officer (CEO). The ARC Appeals Committee will consider the information presented in regard to each appeal and determine whether there has been any error in the administrative process relating to the selection procedures. If so, it will determine whether any such errors led to a defect in decision-making which adversely affected the application. In each case it will make a recommendation to the ARC's CEO whether an appeal should be upheld or dismissed. The Appeals Committee also provides general advice to the ARC in relation to how its administrative processes could be modified or improved.

ARC CEO:

The ARC CEO will consider the Appeals Committee's recommendation and determine whether to accept its advice. In the case that an appeal is upheld an appropriate course of action will be decided.

Step 3: External Review

While the ARC only accepts appeals against administrative process issues, at any time applicants may seek to appeal any ARC decision using an alternative external appeal mechanism.

Potential external options for appeal include:

• Commonwealth Ombudsman
• Privacy Commissioner
• Australian Information Commissioner
• Administrative Review Tribunal (ART)*
• Administrative Decisions (Judicial Review) (ADJR)
• Scheme for Compensation for Detriment caused by Defective Administration (the CDDA Scheme).

*Regarding available options for external appeal, the AAT does not have general power to review ARC decisions.