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This is a formal process and the steps are clearly outlined in The Act. This request must be made in writing to the Secretary within one month of refusal.
Before making a Section 47 reconsideration#
Before a Section 47 reconsideration is requested it is best to have already exhausted the review process outlined in the letters from the verifiers. The ORS review process allows applicants to come back to the verifiers and challenge their decisions and correct any misunderstandings. This process is less formal and has a faster turnaround than an arbitration request.
You can request a review of the verifier’s decision directly to the verification team if don’t agree with the outcome of the decision.
Review process for declined Ongoing Resourcing Scheme applications
We encourage you to speak to your key contact, service manager, or Manager Integrated Services at your local Ministry office. They can talk with you about your case to see if an arbitration hearing request is appropriate.
The process is outlined under Section 47 of the Education and Training Act (2020).
Request made under Section 47#
Only the parent or caregiver of the student can request a reconsideration under Section 47.
Once the formal reconsideration process is complete you will be notified in writing of the outcome and the reasons for it.
Under subsection 47.4 (c); if a parent or caregiver is unhappy with the outcome of the reconsideration, they may request in writing that the result of the reconsideration be sent to an arbitrator.
This should be made in writing to the Secretary of Education within 1 month of the last decision.
The arbitration hearing is arranged independently of the verifiers.
The Ministry will provide the parents or caregivers the names of 3 independent arbitrators for them to select from.
Once the arbitrator is engaged then they will lead the arbitration process.
No new information can be introduced through the arbitration process or at the arbitration hearing.
Arbitration requests can only be made for students up to the age of 21 years.
Email us and state that you are requesting an appeal. Address your email to the Secretary of Education.
Email: [email protected]
We will respond with an explanation of the process and what the next steps are.
Appeal hearing process#
The office of the deputy secretary, Te Pae Aronui will support the engagement of the arbitrator and a venue, but the arbitrator will lead the process from outside the Ministry.
You will receive information about the hearing, including about your attendance and who else will be there. You will present your submission, and the Manager Assurance and Eligibility will present our submission.
