Procedure - request for a review of an assessment outcome

Purpose

This procedure relates to a request by a candidate for a review of assessment outcomes from examinations for certificates of competence under the Coal Mine Health and Safety Act 2002 and the Mine Health and Safety Act 2004.

Procedures

  1. Candidates, in the first instance, should raise any issues they have with their assessment outcome with the Mining Industry Competence Unit (MICU) of NSW Trade & Investment on 02 4931 6625.
  2. The MICU will provide candidates with any feedback and comments on their assessment from the examination panel, including information about any review of their assessment which the examination panel may have already undertaken.
  3. If they are still dissatisfied candidates may request a formal review of their assessment outcome.
  4. A request for a review of an assessment outcome must be lodged with the MICU no later than 28 days from the date they were advised of their assessment outcome. Requests received more than 28 days after notification of assessment outcomes are to be directed to the MICU Manager. The Board has the discretion to accept an application for a formal review if received after the 28 day time limit.
  5. Requests must be made in writing by completing the application form (31 kb).
  6. A fee of $100.00 is payable for an assessment review.
  7. The review will be coordinated by the relevant examination panel.
  8. Where possible, a review will be undertaken by an examiner who did not participate in the original assessment.
  9. A review may lead to an assessment outcome being amended, eg favourably or unfavourably, or remaining unchanged.
  10. The review will be conducted within one month of receiving the completed application.
  11. The candidate will be notified in writing of the review outcome.
  12. The fee will be refunded if the review results in a favourable outcome for the candidate. The few may also be waived in exceptional circumstances.
  13. Candidates who are not satisfied with the resolution of their review are able to appeal to the Department c/o the Director of Mine Safety Performance, NSW Trade & Investment, PO Box 344, Hunter Region Mail Centre, NSW 2310. An appeal to the Department will be limited to procedural or process matters, and not the substance of the written or oral examinations.
  14. Candidates must provide a reason why they believe their assessment outcome was deficient or in error when requesting the appeal.
  15. The Director of Mine Safety Performance will assess the evidence before them and make an informed decision regarding the appeal.
  16. The candidate will be notified in writing of this decision.

Legislation

  • Coal Mine Health and Safety Act 2002
  • Coal Mine Health and Safety Regulation 2006
  • Mine Health and Safety Act 2004
  • Mine Health and Safety Regulation 2007

Definitions

Candidate: A person approved to undertake an assessment of competence by the Coal Competence Board or the Metalliferous Mines and Extractive Industries Competence Board.

Examination panel: A group of examiners appointed by the Coal Competence Board or the Metalliferous Mines and Extractive Industries Competence Board to undertake assessments of candidates on behalf of the Boards.

Convenor: The chairperson of an examination panel, appointed by the Coal Competence Board or the Metalliferous Mines and Extractive Industries Competence Board.

Examiner: A member of an Examination panel, appointed by the Coal Competence Board or the Metalliferous Mines and Extractive Industries Competence Board.

Related policies

O-116 Review of certificate of competence assessment outcomes

Revision history
1 9/12/2010 Original Policy & Examinations Officer
Version Date issued Notes By

Review date

9/12/2013

Contact

Manager Mining Industry Competencies Unit

02 4931 6625