Appeals based on a malpractice determination

Parents can appeal against the determination of malpractice using the link within their malpractice letter. The appeal must be submitted by the due date specified in the letter.

Appeals on other grounds

Please check the invalid grounds below before submitting an appeal.

All decisions made by the selection committee and appeals panel is based on the way students are ranked by academic merit for placement in opportunity classes. You may appeal against the outcome if something specific happened to prevent you from submitting an illness/misadventure request at the time of the test. Appeals will not generally be accepted if they are based on grounds that you mentioned or should have mentioned, through the illness/misadventure process by 3 August 2023.

Appeals that have the greatest chance of being upheld are those where:

• you know what happened to prevent your child from doing his or her best or attending the test, and
• you have not already told the selection committee about this event and you have good reasons for not doing so, and
• you have written evidence to support your case.

All relevant documentary evidence must be included with all appeals at the time they are submitted. Additional material will not be requested by the Unit and cannot be considered after the due date.

Residency appeals

Applicants for opportunity class placement must satisfy residency requirements. An appeal on the grounds of residency can be made in extenuating circumstances, for example, on receipt of written evidence a permanent residency visa is about to be granted.

Not valid for an appeal

Matters which have or should have been dealt with as an illness/misadventure request or results enquiry are not valid grounds for appeal. If you had extenuating circumstances which prevented you from submitting an illness/misadventure request or results enquiry you must give details and provide supporting documentation.

Matters which should have been dealt with in an illness/misadventure request include:

• difficult family circumstances and bereavements in the period leading up to the test or on the test day
• illness, injury, anxiety, fatigue or stress at the time of the test
• test centre problems such as disruptions during the test or suspected shorter time given for the test
• anything voluntary and avoidable that stopped the child from sitting the test ordoing his or her best in the test, such as participation in entertainment, sporting events, attendance at excursions, camps, or a holiday trip.
• matters which have or should have been dealt with as a results enquiry include requests for a re-mark of the test.

Other invalid grounds include:

• requests for re-marking of test papers
• concern about recent changes to selection processes
• suspected problems with the teacher, for example extended teacher absences, or changes of teacher or school
• the process used to determine academic merit, such as consideration of IQ results in the Interstate/overseas process or alternative evidence of academic merit
• lack of familiarity with the placement process, the English language, Australian culture and/or the NSW education system
• the student’s academic performance on the practice opportunity class placement tests on the department’s website or other measurements or reports, such as IQ score, NAPLAN results, ICAS testing, school reports or certificates and scholarship or coaching college testing
• requests for reconsideration of an application on the basis of parent or student expectation or disappointment at not receiving an offer or not being placed on a reserve list
• young age of the student, lack of test preparation, educational disadvantage or failure of the student to complete one or more tests and/or the perceived failure of the student to demonstrate his/her potential
• perceived advantage the student may gain from placement in an opportunity class, including travel convenience, attendance with friends/siblings, benefits to the family.

Appeals made on invalid grounds will be acknowledged and analysed but will not be passed on to appeals panels. Appeals where any available valid adjustment would not make a difference to the placement outcome will not be passed on to the appeals panel.

How to submit an appeal

Before submitting an appeal, please ensure there are valid grounds and documentary evidence.

• Access the appeals form for either a general appeal or a residency appeal through your application dashboard. This can be found by clicking on the three vertical dots under the Action column on the top right of the screen. Select 'Start appeal'.
• Complete all sections explaining the grounds for the appeal and attach supporting documentation.
• The last day to submit an appeal is 27 Ocotber 2023.

You will be notified whether or not your appeal will be forwarded to the appeals panel for consideration.

Appeals panels

The appeals panel meets in early December to consider all valid appeals. Appeals panels include the Executive Director or delegate, a selective high school principal, an opportunity class principal, and may include a school community representative and local Director, Educational Leadership. The appeals panel will consult with the primary school principal if necessary.

Even where an appeal is well supported by evidence and is considered valid by appeals panels, an adjustment is not always possible. Where the basis of an appeal is accepted by the Unit but there is no valid available adjustment or any possible adjustment would not change the placement outcome, the appeal may not be submitted to the appeals panel.

The outcome of appeals is sent to applicants in late December 2023.