Regulation 6.6 of the Examinations regulations provides that no candidate may be failed in a subject except on the recommendation of at least two examiners.
The faculty naturally hopes that you will pass all your examinations. If, however, you do fail in a subject, you may be eligible for a special examination or a supplementary examination.
The basis on which a special examination is allowed is quite different from the basis on which a supplementary examination is allowed, although the actual examination is usually identical. You will only be allowed a special examination if you come within the regulation discussed in Part A below and you will only be allowed a supplementary examination if you come within the rules discussed in Part B below.
Part A Special examinations
Special examinations are only allowed in the special circumstances set out in Regulation 4.5 of the Examination regulations. That regulation provides that a candidate may be allowed to sit for a special examination where
* a candidate has been prevented by illness or other serious cause from presenting for all or part of a terminal examination; or
* the candidate's work during the academic year or performance in an examination or other assessment has been gravely affected by illness or other serious cause.
There is no limit on the number of subjects in which you may be allowed a special examination, but of course in each case illness or other serious cause must have prevented you from presenting yourself for all or part of the examination or must have gravely affected your work during the year or your performance in the examination or other assessment.
If you are taking a combined course and want a special examination in a non-law subject, you must apply to the faculty in which that subject is taught and comply with the requirements of that faculty.
If you want a special examination in a law subject or (if you are enrolled for the BJuris) in a non-law BJuris subject, you should have lodged an application, together with appropriate medical or other evidence of the necessary special circumstances, with the faculty registrar not later than forty-eight hours after the last examination scheduled for you on the university's relevant published examination timetable has been held. The faculty registrar may accept a late application if satisfied that you were unable to apply by the required date.
If you are allowed to sit for a special examination in a subject, your examination result will be given as `DEF'. A notice as to the form of the examination will be posted on the door of the study of the chief examiner in the first week of January. If it is decided that you should not be allowed to sit for a special examination in a subject and you have failed it, your examination result will be given as `NN', unless you have been awarded a supplementary examination, in which case your result will be given as `NS'.
If your result is given as `NN' or `NS', you may request the Academic Progress Committee to vary the decision not to allow you a special examination. You may do that by making a written application addressed to the chairman of the Academic Progress Committee and handed in at the general office on the first floor of the Law School building. If you wish to appear before the committee, you should make an appointment through Mrs Wendy Visser by telephoning her on 905 3300. Interviews with students will take place only during the week before the Christmas close-down. You are entitled to have one of the student consultants present during the consideration of your application.
Part B Supplementary examinations
If you want a supplementary examination, you do not have to show the existence of special circumstances, as you do when applying for a special examination; but generally speaking you will not be allowed during the whole of your law course more than one supplementary examination in a law subject or more than one supplementary examination in a non-law subject.
Under rules made in pursuance of Regulation 4.1 of the Examinations regulations (see the extract set out in Part D below), you may be allowed a supplementary examination in one compulsory law subject, and (if you are enrolled for the BJuris) in one first-year non-law BJuris. subject. But if you have already been allowed a supplementary examination in a compulsory law subject you can only be allowed a second supplementary examination in a compulsory law subject under the rule explained in the next paragraph. If you are enrolled for the BJuris and have already been allowed a supplementary examination in a first year non-law BJuris subject, you cannot be allowed a second supplementary examination in a first year non-law BJuris subject.
Under rule 10, you are entitled to a supplementary examination in a subject if it is the last subject which you need to complete the LLB degree and in failing to pass the subject your mark was 40 per cent or higher, and you have not, since the end of the preceding semester, been granted a supplementary examination under rule 9 or rule 10.
Note
The Faculty of Law has jurisdiction to allow a supplementary examination in first-year non-law subjects attempted for the BJuris degree. But the Faculty of Law has no jurisdiction to allow a supplementary examination in non-law subjects attempted by other combined course students; the awarding of supplementary and special examinations in those subjects depends upon the rules of the other aculty concerned.
The procedures to follow, depending upon your results, are summarised below.
NS result
The symbol `NS' opposite a subject in your examination results indicates that you have failed the subject but have been awarded a supplementary examination under the rules made in pursuance of Regulation 4.1 of the Examinations regulations. A notice as to the form of examination will be posted on the door of the study of the chief examiner in the first week of January.
If the necessary special circumstances exist, you may apply for a special examination (see Part A above). If you are allowed to sit for a special examination, your entitlement (if any) to a supplementary examination will be preserved. You will not however be entitled, if you fail your special examination, to a supplementary examination as well. If you have already applied for a special examination but have not been allowed one, you may request the Academic Progress Committee to vary the decision not to allow you one. The method of doing that is described in Part A above.
NN result
The symbol `NN' opposite a subject in your examination results indicates that you have failed the subject and have not been awarded a supplementary examination. You may take the following steps.
(a) If you have received an NN in a compulsory LLB subject or (if you are enrolled for the BJuris) in a first-year non-law BJuris subject and you have not previously been awarded a supplementary examination by the Faculty of Law in a subject of that kind, you may request the Academic Progress Committee to vary the decision not to allow you a supplementary examination. You may do that by making a written application addressed to the chairman of the Academic Progress Committee and handed in at the general office on the first floor of the Law School building. If you wish to appear before the committee, you should make an appointment through Mrs Wendy Visser by telephoning her on 905 3300. Interviews with students will take place in the week before the Christmas close-down. You are entitled to have one of the student consultants present during the consideration of your application.
(b) If the subject failed is the last law subject you need to qualify for the degree of LLB, and your mark in that subject is not less than 40 per cent and you have not, since the end of the preceding semester, been granted a supplementary examination under rule 9 or rule 10, you will be awarded a supplementary examination upon application, in writing, made to the dean, within fourteen days after publication of results.
(c) If the necessary special circumstances exist, you may apply for a special examination (see Part A above). If you are allowed to sit for a special examination, your entitlement (if any) to a supplementary examination will be preserved. You will not, however, be entitled to a supplementary examination as well, if you fail your special examination.
Part C Exclusion procedures
The faculty board has laid down criteria to be applied by the Academic Progress Committee in reviewing the academic progress of students and criteria to be applied by the Exclusion Committee in considering students for exclusion. The criteria are set out in Part E below.
The Academic Progress Committee may refer you to the Exclusion Committee without deciding any application you may have made for a special examination or a supplementary examination. If that happens and the Exclusion Committee decides not to exclude you, it will deal with any such application that you have made.
You may be referred to the Exclusion Committee by an Academic Progress Committee where
* you have failed law subjects the total value of which is 90 or more value units;
* you have previously been placed under written warning by the Exclusion Committee that a further failure may result in your exclusion, and you fail a further subject.
Note
A law subject does not include `Moot court'. A compulsory subject for the degree of Bachelor of Laws shall be counted as a subject at thirty value units whilst a graduate law subject taken towards the bachelors degree in law shall be counted as fifteen value units.
If you are referred to the Exclusion Committee you will receive a letter inviting you to appear before the committee or to make written representations to it.
Right of appeal
If you are excluded by the faculty's Exclusion Committee, you will have the right to appeal to the Academic Board within twenty-one days of the date on which the notice of exclusion is sent to you, by lodging a notice of appeal with the registrar in the form provided in the schedule to Statute 6.2 Exclusion for Unsatisfactory Progress .
Part D Text of rules about supplementary examinations
The rules made by the faculty board in pursuance of Regulation 4.1 of the Examinations regulations set out the circumstances in which a student may be allowed a supplementary examination. These rules restrict the award of supplementary examinations as follows.
Supplementary examinations
1 Subject to rule 10, where a student has failed to pass a subject, an Academic Progress Committee shall allow the student to sit for a supplementary examination in that subject provided:
* the subject is a compulsory subject for the degree of Bachelor of Laws or, in the case of a student enrolled as a candidate for the degree of Bachelor of Jurisprudence, is a first-year non-law subject;
* the student obtained a final mark of not less than 40 per centum in the subject;
* where the subject failed is a first-year non-law subject, the student has not previously sat for a supplementary examination in a first year non law subject:
* where the subject failed is a law subject, the student has not previously sat for a supplementary examination in a law subject.
2 A student enrolled as a candidate for the degree of Bachelor of Laws who
* needs to pass only one more law subject in order to qualify for that degree;
* has failed to pass that subject but has obtained a final mark of not less than 40 per centum in that subject; and
* has not, since the end of the preceding semester, been granted a supplementary examination under this rule or rule 9;
shall upon application to the dean within fourteen days of the publication of the results in that subject be allowed to sit for a supplementary examination in that subject.
Part E Criteria to be applied in reviewing academic progress and in considering students for exclusion
1 Except where otherwise resolved in a particular instance by the board of examiners a student should be considered by the Exclusion Committee where
* the student has failed law subjects undertaken at Monash University, the total value of which is ninety or more value units, and an Academc Progress Committee is of the view that the student should be referred to the Exclusion Committee; or
* the student has previously been placed under written warning by the Exclusion Committee that a further failure might result in his or her exclusion, and the student has failed a further subject; and an Academic Progress Committee is of the view that he or she should be referred to the Exclusion Committee for consideration for exclusion.
2 A student referred to the Exclusion Committee should, prima facie, be excluded from the faculty where
* the student has failed law subjects undertaken at Monash University, the total value of which is ninety or more value units; or
* the student has previously been placed under written warning by the Exclusion Committee that a further failure might result in exclusion, and the student has failed a further subject.
3 The Exclusion Committee may determine not to exclude a student who falls within paragraph 2 if it is satisfied that, on the evidence adduced by the student
* the student's academic performance was adversely affected by illness or other serious cause; or
* the student possesses both the ability and motivation to complete the law course successfully within the prescribed time limits.
4 For the purposes of this resolution
* a law subject does not include the subject Moot Court;
* a subject which is a compulsory subject for the degree of Bachelor of Laws shall be counted as a subject of thirty value units;
* a graduate law subject undertaken towards a bachelors degree in law shall be counted as a subject of fifteen value units; and
* in determining the total of value units of subjects a student has failed, subjects which are undertaken more than once shall be regarded as separate subjects.
Advice to students about the Faculty of Law Exclusion Committee
1 The onus is upon you, the student, `to show cause why you should not be excluded'. Accordingly, you must give your reasons for failing. It would be wise, therefore, to contact a `student consultant' after you receive a letter from the Exclusion Committee. The LSS office should be contacted for a student consultant. Luke Parsons of LSS is in charge and he may be telephoned at 5095561. The students who make themselves available normally have had experience before the committee and are willing to assist you in preparing your case. They can also inform you of the procedures and attitudes to expect and can then be present with you at the hearing.
It is now only failures in law subjects that count before a Law School Exclusion Committee. If you fail in non-law subjects, you may be subject to procedures in other faculties.
2 Preparation and presentation are important. It goes without saying that a considered written submission which you can send to committee members before you appear or give them when you appear is often to your advantage. Not only does it enable you to clarify and streamline your case beforehand but it ensures that everything which should be raised before the committee is raised.
Remember the onus is on you. Medical certificates should be brought with you, if not forwarded by your doctor directly. Any letter or references from lecturers, tutors or other relevant people are useful.
3 The approach normally taken by the committee to each student is:
* What are your reasons for failing?
* If you are permitted to re-enrol then why won't these reasons occur again?
Your case, including your written submission, should address these points. If you are aggrieved by the decision of the committee you can appeal to the Academic Board.