Research Training Regulations 2015

Table of contents

• Chapter 1. Preliminary
• Chapter 2. Establishment of Courses
• Chapter 3 Eligibility and Selection
• Chapter 4. Study in Courses
• Chapter 5. Course and Unit Structure
• Chapter 6. Conduct of Research
• Chapter 7. Candidate Assessment
• Chapter 8. Academic Progress
• Chapter 9. Termination of Candidature
• Chapter 10. Conferral and grant of Awards
• Chapter 11. Miscellaneous

Chapter 1. Preliminary

1. Objective

The objective of these Regulations is to

a. provide for research training, as part of the University’s scholarly contribution to society;

b. establish a framework for the admission and progression of candidates to higher degrees by research.

2. Authorising provision

These Regulations are made under the Academic and Student Affairs Statute 2012 and sections 29 and 30 of the Swinburne University of Technology Act 2010.

3. Definitions

In these Regulations—

accredited means established by the Academic Senate in accordance with these Regulations;
candidate means a student enrolled in a higher degree by research course;
concurrent courses means two or more Australian courses (AQF level 7 or above) in which a candidate is enrolled at the same time;

Example
A candidate enrolled in a Doctoral Degree and a bachelor degree at the same time.
course means a course for a higher degree by research;

Note
Other courses are covered by the Academic Courses Regulations 2013.
doctoral degree means a Doctoral Degree (Research) or Doctoral Degree (Professional);
higher degree by research means:

a. Doctoral Degree (Research);

b. Doctoral Degree (Professional);

c. Masters Degree (Research); 

unit means a unit of study undertaken as part of a higher degree by research and which comprises a coherent set of learning activities which has been—

a. approved by the Academic Senate; and

b. assigned—

i. a unit code; and

ii. a credit point value.

Note
For the purposes of this definition, 0 (zero) is a credit point value.
Swinburne means Swinburne University of Technology.

Chapter 2. Establishment of Courses

4. Academic Senate to establish courses

1. In accordance with section 4 of the Academic and Student Affairs Statute 2012, courses must be established by the Academic Senate.
Note
Section 4 of the Academic and Student Affairs Statute 2012 confers functions on the Academic Senate.  Under section 4(c) the functions of the Academic Senate include accrediting, reaccrediting, endorsing and ratifying programs and courses of study.

2. A course may be accredited through a partnership with another institution.

5. Course accreditation instrument

1. A proposal for a course must be submitted to the Academic Senate in a proposed accreditation instrument.

2. A proposal must be endorsed by the Vice-Chancellor prior to approval by Academic Senate.

6. New courses that are not sub-specialities

A proposal must be approved by the Council if—

a. it is not a sub-speciality in a field in which the University offers existing courses; and

b. the course will require—

i. substantial additional resources or; 

ii. external accreditation in order to be recognised.

Chapter. 3 Eligibility and Selection

Part 1. requirements

7. Setting of minimum entry requirements

1. The University may admit applicants to a higher degree by research on the basis of minimum entry requirements set by the Academic Senate.

2. The minimum entry requirements must be—

a. specified in the course accreditation instrument; 

b. published by the University.

8. Ability to meet the challenges of a research degree

In determining minimum entry requirements for a higher degree by research, the Academic Senate must have regard to the principle that entry requirements are set to allow the University to admit applicants that the University believes can undertake the course with a reasonable prospect of success.

9. Factors related to minimum entry requirements

Minimum entry requirements determined by the Academic Senate may include requirem

a. prior learning, including level and duration of prior tertiary education studies;

b. academic merit;

c. English language proficiency;

d. equivalence measures;

e. qualifications and experience related to the field or fields of the higher degree by research;

f. special factors, including residency, performance at interview, folios and auditions;

g. other matters that the Academic Senate considers relevant to the reasonable prospects of success of applicants in a course.ents relating to—

10. Monitoring

The Academic Senate must monitor the effectiveness of minimum entry requirements.

Part 2.  Selection and offers

11. Selection criteria

The University may determine selection criteria and restrictions with respect to offered courses, in addition to the minimum entry requirements under regulation 7, including—

a. the capacity of the University to provide supervision for a particular research program;

b. quotas;

c. availability of facilities, resources and funding to support a particular research program;

d. suitability of the applicant;

e. requirements based on regulatory or administrative requirements or guidelines.

Example
Under Australian sanctions law universities are required to take specified non-academic considerations into account in decisions to issue offers to prospective international candidates.

12. Selection is at the University’s discretion

1. The University has absolute discretion whether or not to admit an applicant into a course.

2. This regulation applies whether or not

a. the applicant meets minimum entry requirements;

b. the applicant satisfies any applicable selection criteria;

c. other restrictions apply.

3. In deciding whether to refuse to admit a person the University may take into consideration

a. a person’s previous studies or conduct at the University or other institutions;

b. information provided in application documentation or otherwise known to the University which leads the University to believe that the applicant should not be admitted to a course;

c. requirements relevant to the delivery of a course or associated research program;

d. regulatory or administrative requirements or guidelines;

e. other relevant circumstances.

Note
Section 24 of the Academic and Student Affairs Statute 2012 sets out circumstances in which the University may refuse to enrol a person as a student or suspend or exclude a student.

13. Offer types

The University may make different types of offers to applicants, including—

a. unconditional offers;

b. conditional offers;

c. packaged offers;

d. limited offers;

e. alternative offers.

14. Conditional offer

The University may make a conditional offer if an applicant —

a. has not completed studies required for academic entry;

b. meets academic entry requirements, but has not met the English language entry requirements;

c. has failed to provide required documentation;

d. has not yet satisfied requirements relevant to the delivery of a course; or

e. has not yet satisfied regulatory or administrative requirements.

Part 3. Withdrawal and cancellation

15. Withdrawal of offer or cancellation of admission and enrolment

The University may withdraw an offer or cancel the admission and enrolment of a person if—

a. the person fails to provide documents or to fulfil other requirements specified in the offer of admission by the specified date;

b. the offer of admission has been made as a result of an administrative error by the University or the provision of incomplete, inaccurate or fraudulent information by the person or a third party on behalf of the person;

c. the person fails to enrol in accordance with the offer of admission by the specified date;

d. in the case of a Doctoral Degree (Professional), the person arrives after the commencement of a teaching period;

e. the person does not engage with or genuinely commence his or her studies or research before a date determined by the University;

f. in the reasonable opinion of the University the person is holding open, or intends to hold open, his or her offer or enrolment for purposes other than genuine study;

g. the University determines that it is necessary or reasonable to do so in order to fulfil regulatory or administrative requirements or guidelines;

h. the course is withdrawn from offer as a result of a University decision;

i. funding for a program of research is withdrawn; or

j. the University loses the capacity to provide supervision.

Part 4. Deferral

16. Circumstances in which a candidate may defer

1. Subject to this Part, the University may to allow a candidate who has received an offer for a course to defer commencement of enrolment.

2. This regulation does not relieve a candidate of obligations, restrictions or conditions applying to any scholarship held by, or offered to, the candidate.

17. Restrictions and requirements

The eligibility of a candidate to defer is subject to—

a. any restrictions applying to the particular course;

b. any restrictions or timeframes applying to funding for the particular course, places within the particular course or the program of research;

c. any restrictions or timeframes applying to scholarships for the particular course, places within the particular course or the program of research;

d. any restrictions applying to the University’s capacity to provide supervision;

e. regulatory or administrative requirements or guidelines;

f. the approval of the University.

18. Maximum duration of deferment

1. The maximum period for which an applicant who has accepted an offer may defer commencement of enrolment is—

a. in the case of a Doctoral Degree (Professional), one academic year;

b. in the case of a Doctoral Degree (Research), six months;

c. in the case of a Masters Degree (Research), six months.

2. The University may allow a longer period of deferral.

19. Notification

1. A candidate who has deferred must notify the University of his or her intention to take up a place in the course not less than two months before the end of the period of deferral.

2. The University may withdraw an offer to a candidate who does not comply with this regulation.

20. Cancellation of deferment

The University may cancel a candidate’s deferral if the course is withdrawn.

Part 5. Transfer to or from another Australian University

21. Transfer requirements

1. Transfer to or from another Australian university is not permitted in the first or final year of candidature other than in exceptional circumstances.
Example
When a Principal Coordinating Supervisor transfers to another university the candidate may wish to transfer enrolment to that university.

2. If a candidate transfers from another Australian university, time elapsed within the candidature at the other university is counted by Swinburne as part of the total duration of candidature.

Part 6. Re-admission

22. Readmission after absence or exclusion

1. A person who wishes to re-enter a course must apply for re-admission if

a. if the person has been absent for an unapproved period;

b. the person is returning after exclusion as a result of unsatisfactory academic performance or student misconduct;

c. the person has withdrawn from a course; or

d. the person’s enrolment has been otherwise cancelled.

2. Sub -regulation (1)(a) does not apply to a candidate returning from an approved leave of absence or deferment.

3. A person who re-enters a course after a period of absence must satisfy the course requirements which apply at the time of readmission.

4. The University may refuse to give academic credit for units completed prior to the absence, taking into consideration

a. the duration of the absence; and

b. changes to course content and structure.

5. The University may require the candidate to repeat units that have been passed previously, or to undertake additional units in order to satisfy current course requirements.

Chapter 4. Study in Courses

Part 1. Restrictions and Requirements

Division 1 — General

23. Imposition of conditions

1. The University may, at any time, impose conditions on a candidate’s access to University premises, use of University facilities and services, and participation in University activities.

2. Conditions imposed under this regulation may include conditions relating to

a. the number of units to be taken (including a maximum number) in a Doctoral Degree (Professional);

b. milestones to be reached;

c. the expected level of achievement;

d. engagement with support services or counselling as required by the University as a consequence of a candidate progress decision, candidate misconduct or concerns about the candidate’s behaviour;

e. expected behaviour.

3. The University may suspend or exclude a candidate or impose further conditions if conditions imposed under this regulation are not complied with.

24. Approval to overload

A candidate must not undertake more than the normal full time load in a Doctoral Degree (Professional) in any teaching period without the permission of the University.

25. Concurrent study

1. An international candidate must not enrol in concurrent courses.

2. A domestic candidate must not enrol in concurrent courses, except where the candidate is an academic staff member pursuing a Graduate Certificate in Teaching and Learning or equivalent approved professional development training course.

3. A candidate must not enrol in a higher degree by research and units from another course or program of study without the permission of the University.

4. In deciding whether to give permission under sub-regulation (2), the University must take into consideration the likelihood of the candidate succeeding in all of the studies undertaken.

Division 2 — Supervision

26. Requirement for supervision

1. Research in higher degrees by research must be supervised.

2. Supervisors are appointed by the University.

Division 2 — Course Conversion

27. Conversion from Masters Degree (Research)

1. The University, on application, may allow a candidate to convert from a Masters Degree (Research) to a Doctoral Degree.

2. An application for conversion must be made within the first year of enrolment (full time equivalent).

3. However, the University may permit conversion at a later stage of enrolment.
Example
A progress review panel recommends that a candidate convert his or her enrolment.  The University, after considering the recommendation, permits conversion.

4. An application must include

a. a summary of what has been achieved;

b. an outline of the scope of the work and the ways in which the work overall will be significant and original;

c. a submission of the work completed to date;

d. a statement of support from the supervisory team.

5. The University may take into consideration

a. the availability of a place in the destination course;

b. satisfaction by the candidate of pre-requisites and other entry requirements for the destination course;

c. any conditions or pre-approval requirements imposed by a candidate’s sponsor;

d. funding for the destination course, places within the destination course or the program of research;

e. scholarship conditions;

f. any applicable regulatory or administrative requirements or guidelines.

6. Requirements and arrangements for academic credit, scholarships, academic progress and expected completion may change with the course conversion.

7. The duration of candidature expended within the Masters Degree (Research) is deducted from the duration of candidature within the Doctoral Degree.

28. Other conversions

1. Other possible conversions for which a candidate might apply include

a. from a Doctoral Degree to a Masters Degree (Research);

b. from a Doctoral Degree (Research) to a Doctoral Degree (Professional);

c. from a Doctoral Degree (Professional) to a Doctoral Degree (Research).

2. The requirements of regulation 27 apply to a conversion under this regulation, with any necessary modifications.

Part 2. Academic Credit

29. Academic Credit unavailable for PhD or Masters by Research

Academic credit for studies completed at other institutions, or as part of another course, is not available for the—

a. Doctoral Degree (Research);

b. Masters Degree (Research);

30. Academic credit for other courses

1. Except as provided in regulation 29, the University may, on application, grant academic credit to a Doctoral Degree (Professional) candidate on the grounds of

a. postgraduate degree studies; or

b. prior relevant work experience.

2. Academic credit may be granted as determined by Academic Senate.

3. The Academic Senate must determine the maximum academic credit to be granted for courses.

31. Minimum studies at Swinburne for an award

Notwithstanding any academic credit, the Academic Senate may determine a minimum number of credit points, duration of study or nature of assessment at Swinburne required in order to take out an award.

32. Time limits for academic credit

The Academic Senate may determine time limits on the granting of academic credit.

Part 3. joint Awards

33. University may offer joint awards

1. The University may offer joint awards with a partner institution if

a. it has an agreement with the other institution making provision for the management and delivery of the awards; 

b. it is satisfied that processes and standards at the other institution are at least equivalent to those of Swinburne; and

c. the joint award course is approved by the Academic Senate.

2. A candidate for an award offered under this regulation must comply with the procedural requirements of both institutions.

34. Candidates who satisfy requirements

A candidate who satisfies the requirements of both institutions is to be awarded a single qualification jointly conferred by the institutions, with a single testamur bearing the seal of both institutions or two testamurs each recognising that the qualification was undertaken through a joint program.

Part 4. Full-time and Part-time study

35. The University may permit full-time and part-time study

1. Unless otherwise restricted by the University for a particular course or class of candidates, a candidate may study full-time or part-time.

2. This regulation does not affect;

a. maximum duration requirements;

b. scholarship requirements;

c. regulatory requirements.

Part 5. Time Limits for Completion of Courses

Division 1—Duration of Candidature

36. Calculating the duration of candidature

1. The duration of a person’s candidature is to be calculated in accordance with the following principles

a. candidature commences on the date of first enrolment in a course;

b. candidature ends when the first of the following occurs

i. the examinable outcome is submitted for examination; 

ii. the maximum period of candidature is reached;

iii. the candidate withdraws from the course;

iv. the candidate’s candidature is terminated by the University;

c. in the calculation of the period of candidature, any period of leave of absence granted under regulation 37 is to be disregarded.

2. The University may permit a candidate enrolled in the Doctoral Degree (Professional) to continue his or her candidature post-submission to allow for the completion of coursework units.

37. Leave of absence

1. The University may grant leave of absence, not exceeding 12 months.

2. However, the University may allow a longer period of leave of absence in exceptional circumstances.

3. During a period of leave of absence

a. a candidate must not use University premises, use University facilities or services (such as computer access, email accounts and access to networks, databases, laboratories and libraries) nor participate in University activities;

b. access to supervision may be limited;

c. the candidate must not conduct research or collect data for the purposes of the candidature, including

i. laboratory work; 

ii. field work, including interviews, surveys and work placements; 

iii. any other work that is governed by relevant ethics applications.

Note
A candidate who collects data in breach of this regulation may be in breach of the Code of Conduct of Research and consequently may commit research misconduct under the Student Academic Misconduct Regulations 2012.

38. Annual leave

1. The University may grant a candidate annual leave, not exceeding four weeks for each year of the candidate’s candidature.

2. During annual leave a candidate may—

a. enter University premises;

b. use University facilities and services (including academic supervision); 

c. participate in University activities.

Division 2—Time Limitation

39. Maximum time to complete a course

1. Except as otherwise provided in this Part and subject to Commonwealth and State regulatory requirements, a candidate must complete a course within 10 years.

2. In calculating time for the purposes of this Part the following periods are to be included in the calculation of time unless the University has made an exception due to specified circumstances—

a. any period of leave of absence;

b. any period of annual leave.

3. This regulation does not restrict the Academic Senate specifying a shorter time limit for completion of a course in the course accreditation instrument.

4. The University may grant an exemption from this regulation, subject to any conditions which it considers appropriate.

5. The University may refuse to re-enrol a candidate who has exceeded the applicable time limit.

Chapter 5. Course and Unit Structure

40. Course structure and sequencing

1. Course structure must allow candidates to complete all course requirements through enrolment in:

a. units accredited by or recognised in course structures approved by the Academic Senate; and

b. independent supervised research.

2. Sub-regulation (1) does not apply if the University establishes entry requirements that require candidates to have undertaken prior study for which academic credit is then granted.

3. Sub-regulation (1) does not restrict

a. the inclusion of applied professional research and clinical or other integrated practice requirements for the completion of a course;

b. alternative course structures and arrangements for changing, ceasing or teaching-out courses.

41. Relationship between units

1. Course requirements may specify requirements or conditions for enrolment in a specified unit or to support research.

2. The University may allow a candidate to enrol in a specified unit without the candidate having satisfied the specified requirements or conditions if the University is satisfied that the candidate has demonstrated sufficient skills and knowledge to undertake the unit.

42. No repeating of units passed

A candidate must not repeat a unit or enrol in the equivalent of a unit already passed in a higher education course unless achievement of a certain grade in that unit is a condition or requirement for enrolment in a specified unit.

43. Nested suites

1. The University may establish a nested suite of two or more courses designed with specific academic credit arrangements that allow candidates to easily articulate between courses at different award levels.

2. The following requirements apply to a nested suite

a. a nested suite comprises two or more courses at different award levels;

b. all units in a lower level course are included in higher level courses;

c. academic credit in a higher level course is automatically granted to the full value of the lower level course;

d. entry to the higher level course may include additional entry requirements.

Chapter 6. Conduct of Research

44. Compliance with code of conduct and University policy

Candidates and supervisors must comply with the principles set out in the University’s policy on the conduct of research and any requirements set by the University pursuant to that policy.

45. Plagiarism

The Student Academic Misconduct Regulations apply to the conduct of research by a candidate.

46. Ethics and safety clearance

1. Candidates must comply with applicable guidelines issued by regulatory bodies for research involving humans or animals or affecting the environment.

2. Where approval is given under applicable guidelines, candidates must ensure that the research complies with any conditions of that approval.
Note
A candidate who does not comply with this regulation may be investigated and an appropriate decision made under the Student Academic Misconduct Regulations.

Chapter 7. Candidate Assessment

Part 1. Assessment of COURSEWORK Units

47. Assessment requirements

The University must provide candidates who are enrolled in coursework units with details of assessment requirements in the manner and by the time set by the University.

48. Assessment of coursework units within a higher degree

Except as provided in these Regulations, assessment of coursework units within a higher degree by research is to be in accordance with the Academic Courses Regulations 2013.

49. Grades

The grades to be awarded for a unit within a higher degree by research is to be in accordance with the Academic Courses Regulations 2013.

50. No last to complete assessment

The University must not grant last to complete assessment for any coursework units in a higher degree by research.

Part 2. Assessment of Research

51. Mode of examination

(1) The mode of examination for a candidate’s research must be nominated by the candidate and approved by the University at the time of application for candidature.

(2)  The mode of examination may be changed by agreement between the candidate and the University.

52. Examiners

Examiners for a candidate’s research must be selected by the University.

53. Examination process and requirements

The University must determine the—

a. process for examination, on the basis of requirements set by the Academic Senate;

b. required number of examiners;

c. required qualifications of examiners.

54. Examination outcomes

1. The result of the examination of a higher degree by research is pass or fail. The University’s higher degrees by research are not graded.

2. The University must determine the outcome of examination based on the recommendations of the examiners.

3. The University must determine the outcome of a candidate’s research as being

a. pass without further examination or amendment;

b. pass with minor amendments to the University’s satisfaction;

c. pass with major amendments to the University’s satisfaction;

d. not passed: work to be revised and resubmitted for examination within 12 months; or

e. fail.

4. The University may determine the outcome of a Doctoral Degree (Research) candidate’s research as being pass at the level of Masters Degree (Research).

55. Embargos and confidentiality

1. If the nature of a candidate’s research may require an embargo, the candidate must notify the University.

2. The University may impose a full or partial embargo at any time prior to submission of the examinable outcome.

3. The period of an embargo expires when candidate is notified of the examination outcome, but may be extended by the University.

4. If an embargo has been imposed, the University must determine the level of access that the public will have to the examined outcome during the embargo period.

Chapter 8 — Academic Progress

Part 1. Responsibility, monitoring and review

56. Candidate responsibility

1. Academic progress is the process by which candidates are able to advance in their course, having fulfilled academic and administrative requirements.

2. It is the responsibility of a candidate to maintain satisfactory academic progress.

57. Monitoring of progress

1. Academic progress is monitored through

a. performance in enrolled units, where applicable;

b. a series of major reviews during the candidature period, including confirmation of candidature;

c. completion and submission of progress reports.

2. Progress reports must be submitted

a. by international candidates, every six months;

b. by local candidates, annually.

Part 2. Confirmation of candidature review

58. Provisional enrolment until successful completion

1. A candidate is enrolled on a provisional basis until successful completion of the confirmation of candidature review.

2. Sub-regulation (1) does not apply to a candidate who has transferred from a higher degree by research course at another institution after confirmation of candidature at that other institution.

59. Confirmation of candidature

The University may confirm a candidate if the candidate has—

a. prepared and submitted a written research proposal that conforms  with University guidelines;

b. made an oral presentation of the project to a forum determined by the University;

c. defended the proposal, as required by the University;

d. met any special requirements applying to the candidate’s enrolment, as determined by the University.

60. Unsatisfactory progress at confirmation review

1. If the University considers that a candidate has failed to justify his or her confirmation, it may issue a formal warning to the candidate, specifying a period during which satisfactory progress must be demonstrated.

2. The University may confirm a candidate during the period specified in the notice.

3. If the University does not confirm a candidate during the period specified in the notice, it may

a. terminate the candidature; or

b. make changes to the candidature.
Example
The University might, under this regulation, convert the candidature from a Doctoral Degree (Research) to a Masters Degree (Research).

4. A candidate whose candidature has been terminated has a right of review under the Review and Appeals Regulations 2012
Note
Under regulation 11 of the Review and Appeals Regulations 2012 a decision is a reviewable decision if it is a decision in respect of which University legislation allows a right of review.

Part 3. Subsequent Reviews

61. Major reviews

1. The University may require a candidate to undergo one or more major reviews following confirmation of candidature.

2. The University may consider a candidate to have satisfied the requirements of a major review if the candidate has

a. prepared and submitted a written report that conforms  with University guidelines;

b. made an oral presentation of the project to a forum determined by the University;

c. defended the project, as required by the University;

d. met any special requirements applying to the candidate’s enrolment, as determined by the University.

62. Unsatisfactory progress at major reviews

1. If the University considers that a candidate has failed to satisfy the requirements of a major review, it may issue a formal warning to the candidate, specifying a period during which satisfactory progress must be demonstrated.

2. The University may determine a candidate has satisfied the requirements of the major review during the period specified in the notice.

3. If the University does not confirm a candidate has satisfied the requirements of the major review during the period specified in the notice, it may

a. terminate the candidature; or

b. make changes to the candidature.
Example
The University might, under this regulation, convert the candidature from a Doctoral Degree (Research) to a Masters Degree (Research).

4. A candidate whose candidature has been terminated has a right of review under the Review and Appeals Regulations 2012.
Note
Under regulation 11 of the Review and Appeals Regulations 2012 a decision is a reviewable decision if it is a decision in respect of which University legislation allows a right of review.

63. Outcomes of progress assessments

1. In this regulation, progress assessment means

a. a progress report;

b. confirmation of candidature;

c. a major review; or

d. a review conducted upon completion of the “at risk” procedure.

2. At a progress assessment, the University must assess that progress is satisfactory, behind schedule or unsatisfactory.

3. The outcome of a progress assessment is set out in the table at the foot of this regulation.

Part 4. Ongoing Reviews (Course Work Units)

64. Performance in units

1. The University must review progress on an ongoing basis through the candidate’s results in assessed course work units, where applicable.

2.  The outcome of a progress review under this regulation is set out in the table at the foot of this regulation.

Part 5. Exclusion from enrolled course

65. Consequences of unsatisfactory progress

1. If the University has issued a show cause notice under this Chapter, the University may, after considering any submission by the candidate made in accordance with the notice, take one or more of the following actions—

a. impose conditions on the candidate’s enrolment or academic performance;

b. impose a probationary status on the candidate’s enrolment, which may include a requirement to undertake specified actions, such as attending workshops or meetings with designated staff;

c. require the candidate to undertake specified actions;

d. revoke or amend a scholarship that was awarded to the candidate;

e. require the candidate to take leave of absence for a specified period;

f. require the candidate to transfer to another course if the candidate wishes to remain enrolled at the University;

g. exclude the candidate from the course for a period not exceeding two years, following which the candidate may apply to re-enrol in the course subject to the application and selection requirements for that course at the time h. of application to re-enrol.

2. It is a candidate’s responsibility to

a. engage and comply with the requirements of the University’s unsatisfactory progress process;

b. read and act upon, as appropriate, all notices and correspondence (written or electronic) from the University;

c. comply with any condition or requirement imposed on the candidate under this regulation. 

66. Leave of absence

If a candidate takes leave of absence, the requirements of this Chapter apply to the research period following return from leave.

67. Academic progress exemptions

The University may—

1. exempt candidates, by category, from the application of this Chapter or a Division of this Chapter;

2. impose different academic progress requirements and consequences on candidates, by category.

68. Review of decision

1. A candidate may apply for review of a decision under this Chapter in accordance with the Review and Appeals Regulations 2012.

2. It is not a ground for review or appeal against a University decision under this Division that a candidate has been detrimentally affected by a failure to read and act upon, as appropriate, a notice or correspondence from the University.

Chapter 9. Termination of Candidature

69. Withdrawal by the candidate

A candidate may withdraw from his or her candidature at any time.

70. Termination by the University

1. Continuing candidature is conditional upon satisfactory progress and adherence to Swinburne and relevant government regulatory requirements.

2. The University may terminate a candidature on the ground of

a. a finding of research misconduct within the meaning of the Student Academic Misconduct Regulations 2012;

b. a finding of research misconduct, or failure to adhere to the principles of ethical conduct of research within the meaning of the National Statement on Ethical Conduct in Human Research;

c. a finding of research misconduct, or failure to adhere to the principles of ethical conduct of research within the meaning of the Australian Code for the Responsible Conduct of Research;

d. a breach of academic integrity in the form of falsification of data or plagiarism;

e. a finding of misconduct within the meaning of the Student General Misconduct Regulations 2012;

f. failure to meet the requirements of the confirmation of candidature process;

g. unsatisfactory progress after implementation of the “at risk” and “show cause” procedure;

h. breach of other University legislation or applicable regulatory requirements;
Example
Action might be taken under this provision following failure to comply with Occupational Health and Safety legislation or Anti-Discrimination legislation.

i. the candidate reaching the maximum duration of candidature without submission;

j. debt to the University being unpaid for two consecutive months;

k. the interests of the University or of the candidate.
Example
Action might be taken under this provision if health or safety concerns arise in relation to continuation of the candidature 

3. The University must

a. comply with the rules of natural justice in making a decision under this regulation; and

b. afford to the student opportunity to present his or her case to the University.

4. During the termination process, the candidate must be provided information regarding the process and options for academic or emotional support provided by the University (if any).

71. Review and appeals

A candidate may apply for review of the outcome of a termination decision in accordance with the Review and Appeals Regulations 2012.

Chapter 10. Conferral and grant of Awards

72. Eligibility

A candidate is eligible to take out an award if he or she satisfies the requirements for that award.

73. Transfer from a course being phased out

1. This regulation applies where a candidate has been invited to transfer from a course which is being phased out to another course leading to a different award at the same level.

2. A candidate to whom this regulation applies may apply to the University to be conferred or granted the award of the new course.

3. The University may approve an application if it is satisfied that the equivalent course learning outcomes have been achieved.

74. Nested awards

1. A candidate may apply to take out an award that is a component of a nested suite if he or she satisfies the requirements for that award.

2. A candidate may only take out one award at the same level within a nested suite.
Example
A nested suite may contain 2 awards at the Masters level. In this case, a candidate may only take out one Masters award.

3. A candidate who takes out an award under sub-regulation (1) may

a. continue to the next component of the nested suite, subject to any pre-requisites or progression requirements; or

b. exit from the course.

75. Aegrotat and posthumous awards

1. If a person dies or sustains an incapacitating injury or illness after completing an award or a substantial part of an award, the Council, on the recommendation of the Academic Senate, may confer an aegrotat or posthumous award, if

a. the candidate completed all but one full time equivalent research period of an award; and

b. the candidate’s results in the course support the reasonable conclusion that the candidate would have successfully completed the requirements of the course.

2. The University may confer an award where a candidate has not complied with sub—regulation (1)(a) if it considers that it is appropriate, in all the circumstances, to do so.

76. Non—award courses

1. The University may establish non—award courses.

2. A non—award course does not lead to an award.

Chapter 11. Miscellaneous

77. Transitional provision – existing courses

1. In this regulation, existing course means a course which, on the day on which these Regulations come into operation, was offered by the University.

2. An existing course is deemed to have been accredited under these Regulations.

78. Amendment to Academic Courses Regulations

In the Academic Courses Regulations 2013, in Part 1 of the Schedule, the table headed "Higher Education Research" is revoked.