Section 26
Appeals to Appeals Board
(1)
Any person who is aggrieved by —
any decision of the Agency —
refusing to grant or renew the registration of a private education institution under section 9;
imposing any term or condition upon the registration of a private education institution under section 9;
suspending or cancelling the registration of a private education institution under section 11;
refusing to approve any change of the name of a private education institution, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, under section 12;
directing the change in the name of a private education institution, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, under section 13;
directing the suspension or removal of any person appointed as a manager of a registered private education institution under section 15(1)(a) or the appointment of any additional person to discharge the duties of a manager of a private education institution under section 15(1)(b);
refusing any permission under section 16(1) or imposing any term or condition when granting such permission;
imposing any financial penalty, censure or other order under section 21(1); or
refusing any approval under section 23 or imposing any term or condition when approving under that section;
any direction of the Agency under section 7(6), 15, 18, 20, 32 or 33;
any requisition for particulars or information under section 35; or
any decision of the Agency under section 37(3),(each of which decision, direction or requisition is called in this Act an appealable decision) may, within such time as may be prescribed under section 28 in respect of the type of appealable decision, lodge an appeal against the decision to the Appeals Board.
(2)
Every appeal under subsection (1) must be lodged in the form and manner that may be prescribed under section 28.
(3)
The Appeals Board may —
confirm, set aside or modify the appealable decision to which the appeal relates; or
give such directions in any manner that the Appeals Board thinks fit, including a direction to the Agency to review its appealable decision to which the appeal relates,and the decision of the Appeals Board is final.
(4)
The decision of the Appeals Board must be communicated to the appellant in writing by the secretary to the Appeals Board.
(5)
The lodging of an appeal under subsection (1) against an appealable decision does not suspend the effect of the appealable decision to which the appeal relates, except where the appeal relates to —
any written direction of the Agency issued under section 7(6) or 33 requiring the private education institution or the managers thereof to refund the whole or any part of any course money to any student or intending student of the private education institution; or
any other appealable decision of the Agency that is prescribed under section 28 as a suspended appealable decision.[53