R 1 Student Allowance Review Hearing Co ordinator s Information Pack.pdf

Student Allowance Review Hearing
Co-ordinator’s Information Pack

Contents
Introduction ................................................................................................................................................. 3
Overview ..................................................................................................................................................... 3
Report writer responsibilities ...................................................................................................................... 4

NZUSA waiver process ...................................................................................................................... 4
SAR Co-ordinator process .......................................................................................................................... 4
SAR flowchart ............................................................................................................................................. 6
Administration ............................................................................................................................................. 7

Where to find letters, templates and guides ....................................................................................... 7

Appropriate letterhead to use for correspondence ............................................................................. 7

Solicitors, agents and support people ................................................................................................ 7

Trespassed clients .............................................................................................................................. 7

Remote Client Unit ............................................................................................................................. 7

Timeliness Standards ......................................................................................................................... 8

Problems arranging hearing ............................................................................................................... 8

Changes in circumstances for NZUSA members ............................................................................... 8

Setting up the room for a hearing ....................................................................................................... 8

Process for postponements ................................................................................................................ 9

Adjournments ..................................................................................................................................... 9

Process when new evidence is received or requested .................................................................... 10

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Introduction
This information is to assist you  in  your role of Student Allowance Review Hearing
Co-ordinator.
The Student Allowance Review Hearing Co-ordinator (the Co-ordinator) works on
behalf of the Student Allowance Review Panel (the Review Panel) and has an
important role to play in ensuring that requests for review are addressed in a
consistent, professional and timely manner. The performance of the  Co-ordinator
impacts on MSD’s  national performance  in reporting  which  is monitored via
Corporate and Governance at the Ministry of Social Development (the Ministry).
To get a full overview of the role of the Co-ordinator, this information pack should be
read in conjunction with the Student Allowance Review Panel Members’ Information
Pack and information on doogle.
Overview

Student Allowance Review Hearings (the Hearings) are a chance for a review panel
to take a fresh look at decisions made by the Ministry.

The Review Panel is established to make correct and fair decisions with regard to
procedure and law.

The Review Panel’s process is an important part of ensuring that correct decisions
are made by the Ministry on a case-by-case basis. The Hearing is an opportunity for
the applicant to explain why they disagree with the decision, and for the Review
Panel to re-look at the Ministry’s decision.

The Co-ordinator’s role is to ensure that the Hearings happen in an efficient and
timely manner.  The Co-ordinator will also act as a distribution point for information
and requests.

The following pages set out the processes and guidelines for Co-ordinators to ensure
that the Hearing process runs smoothly and within designated timeframes.

Student Allowance Review (SAR) report writer responsibilities
The report writer is the person who has prepared the SAR report.  The report writer is
responsible for:
•
determining whether the applicant wants a SAR hearing and whether they want
to attend
•
obtaining a signed NZUSA waiver for the SAR hearing.

The StudyLink Report Writing Team is responsible for:
•
identifying performance trends in sites within their region/group
•
maintaining a current list of all New Zealand Union of Students’ Association
(NZUSA) Panel Advisors
•
providing a contact point for advocacy groups
•
providing a contact point for National Office Review of Decision (ROD) team
•
calculating  and arranging payment for the NZUSA advisor attendance and
administration fee payable to the NZUSA.

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NZUSA waiver process – report writer responsibility
A SAR hearing can not be held without a signed NZUSA waiver. Verbal permission
from the student for the NZUSA representative to attend the hearing gives MSD
permission to start the process, but to protect the business from privacy breaches,
the Ministry can not send the student’s information to a third party without written
permission.
•
At  the internal review 14 day stage, the report  writer phones the applicant  to
discuss the final decision options and asks if they would like their review to be
heard by the Secretary alone or Secretary at a SAR hearing.  If they opt in  to
the hearing, they will be asked if they wish to attend the hearing or have it heard
on papers only.
•
If the student opts into the hearing, regardless of whether they wish to attend,
the  report  writer advises them they must sign and return the NZUSA waiver
within two weeks or the hearing will not proceed and the Secretary alone will
make the decision.  The report writer asks the student if there is any reason that
may delay the waiver being returned in this timeframe; if there is, this must be
taken into consideration when determining the date the waiver is required by.
•
The waiver is sent to the student with a letter containing the “Guide to Review
Hearings” and a self-addressed envelope. The report writer will follow up twice
with the student during the 14 day period for the return of the waiver.
•
If the waiver has not been received at the 14 day deadline and the report writer
has not been able to contact the applicant regarding this, a letter is sent to the
applicant advising them the decision will proceed to the Secretary alone.  (The
applicant has one week from this date to supply the waiver before the decision
passes to the Secretary alone. This allows a total of 21 days for the waiver to
be received.)  There is discretion to extend this timeframe if the applicant has
genuine reasons for the delay.
•
If the waiver is returned within the time frame, the report writer will prepare the
SAR report.

Once  the  SAR report  is  signed by a  manager, the  report  writer will take  a  copy  for
themselves and send the original report to the SAR co-ordinator. (If the applicant
has advised they do not wish to attend the hearing, the report writer will highlight that
to the co-ordinator so that the hearing can occur (where practicable  and without
undue delay) on the same day as another hearing so as to efficiently use resources).

The Co-ordinator’s Process
•
The  Co-ordinator contacts the applicant to arrange a date and time  for the
hearing and confirm if the applicant will attend the hearing or if this is to be held
on papers only. Once this is confirmed, the Co-ordinator makes 4 or 5 copies
of the report1.
•
A Hearing invitation letter is sent to the applicant along with a copy of the SAR
report.  Invitation letters are also sent to the panel along with copies of the SAR

1 One copy each for all three panel members, one for the Ministry presenter and one for the
student if they are attending

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report.  A copy of the Chairperson checklist is to be sent to the Chairperson.
Copies of these letters must be saved by the Co-ordinator to be returned to the
report writer with all documents once the hearing process is complete.
•
If the applicant can not be contacted  after reasonable attempts  to arrange a
hearing date, the Co-ordinator arranges one.  If the Co-ordinator makes contact
with the applicant and  a hearing date  can not be agreed on without  good
reason, the Co-ordinator is to set a date and prepare a submission to the
Secretary. The submission will outline why this date has been set and the
Secretary then makes a final decision on the hearing date.  There must have
been reasonable attempts made to arrange a date with the applicant.
•
If the applicant chooses to opt-out of the full Hearing process the decision will
be made by the Secretary alone.  For example, the applicant advises they still
want to review the decision but don’t want a hearing anymore.  If this occurs,
the co-ordinator can return to full file to the Report Writer who will arrange for a
Secretary to make the decision alone.   Any information sent to the NZUSA
representative will need to be retrieved by the Co-ordinator.
•
If the applicant advises they want their hearing to progress, but do not want to
attend,  the Co-ordinator schedules a paper-based Hearing  (and the Ministry
presenter is not required) where the panel only convenes.
•
If the applicant advises that they are bringing a solicitor or advocate to the
Hearing, the Co-ordinator advises the Ministry so an MSD solicitor can attend if
appropriate.
•
The Co-ordinator is responsible for receiving and recording any new information
received at any time.  They must ensure  the information is sent to all parties
(depending on which stage the review is at - see page 8 for this process). The
hearing may need to be rescheduled if there is significant new information to be
considered or responded to.
•
The Hearing is then held. If the applicant doesn’t attend, the review is held on
papers only (and  the Ministry  presenter  doesn’t appear either).  Even if the
applicant has requested a paper based hearing, the Ministry should always be
ready to appear and present the Ministry’s case should the applicant decide to
appear at the last minute  so the co-ordinator should ensure that someone is
scheduled on stand-by.
•
After the Hearing, the Co-ordinator ensures the Report of the Secretary is
completed by the Secretary. The original Hearing outcome letter and a copy of
the Report of the Secretary are  sent to the applicant  by the co-ordinator. A
copy of the Hearing outcome letter and the  original  Report of the Secretary
should also be provided to the Report Writer who completed the internal report
along with all documents pertaining to the case.

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Administration
Where to find letters, templates and guides

All the letters, templates and guides mentioned in this information pack are available
on doogle:
http://doogle.ssi.govt.nz/resources/helping-clients/forms-templates/students/student-
allowance-review-hearing.html.

Appropriate letterhead to use for correspondence

Ministry letterhead is required on all correspondence from the Secretary. This is to
ensure impartiality.

All correspondence  regarding the Review of Decision is deemed to have been
completed at Business Unit level, so Business Unit letterhead must be used.

All correspondence sent by the Co-ordinator requires Ministry letterhead.

Professional representation, agents and support people

The applicant is entitled to bring his or her own support person to the Hearing. If the
applicant indicates  to the report writer  that an advocate or professional  will be
attending the Hearing, the Co-ordinator will be informed.
If the applicant is bringing a professional who is attending in an official capacity (e.g.
a solicitor or accountant), it may be necessary for the Ministry to arrange their own
professional representation. The Co-ordinator  must  be notified of this, and must
contact the report writer’s manager who will make arrangements for a corresponding
Ministry official to attend if deemed appropriate.  The Co-ordinator is responsible for
informing the applicant of any additional attendees from the Ministry.
If the applicant has an agent, all communications should be sent to the agent
as well as the applicant.

Trespassed clients

If the applicant has a current trespass order, the Hearing can proceed on a paper-
only basis, or they can  appoint an agent (if they haven’t already done so)  to
represent them at the Hearing.

Remote Client Unit

The Remote Client Unit has been established to provide an avenue for people who
have been assessed as posing a high risk to the safety of Ministry staff in service
centres nationwide to continue to access Ministry services. If an applicant has been
referred to the Remote Client Unit, please send any Review of Decisions they may
lodge through to the Remote Client Unit to manage.  Options available in these cases
may include:

•
paper-based Hearings
•
appointment of an agent to represent the applicant
•
conducting the Hearing via teleconference / videoconference.

Please discuss such cases with the StudyLink Report Writing Team Manager.

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Timeliness standards

Refer to the tables and flowchart (Pages  6-10 of the members’ panel pack) for the
Hearing timeliness standards. There is a guideline time allocation for each step,
however it is a national standard that the whole process should take a maximum of
50 working days from the time the applicant submits the Review of Decision to when
the final Report of the Secretary goes out. There are 109 working days available for
Out-of-Time cases.

Challenges arranging SAR Hearing
If, at any stage, the Co-ordinator is not happy with the progress of scheduling  a
Hearing, they need to escalate the issue to the Manager Report Writing.
If the student wishes to physically attend a Hearing  rather than a video-conference,
the Manager Report Writing should be advised as budget considerations will need to
occur and the Manager, Student Support Centre will be liaised with. The reasons why
the hearing cannot occur via video-conference will also be considered.

Changes in circumstances for NZUSA advisors

A national database is held of  all NZUSA Panel Advisors. If the Co-ordinator
becomes aware of any change in circumstances of any NZUSA advisor’s you  will
need to update the  StudyLink Report Writing Team Manager. These changes could
be:

•
A Panel Advisor would like to resign
•
Additional Panel Advisors are required
•
A Panel Advisor changes address or other contact details

The Student Allowance Review Hearing

Setting up – Video conference (first preference)

When you are preparing for a Hearing you will need the following:

•
Book Video conference facilities at all required sites. Locations of facilities can
be found here http://doogle.ssi.govt.nz/documents/working-here/working-for-
us/sustainability/list-of-video-conferencing-sites-december-2014.xlsx
•
A contact person at each site to meet the attendees, who is fully briefed with
who to expect and at what time. They should remain available until such time as
the Video-conference has connected entirely and the hearing can commence.
They should also be available at the end of the Hearing to terminate the use of
VC facilities at that end if required, reset the room after use, and collect any
paper work from the NZUSA advisor for destruction. Any other remaining
paperwork should be returned to the Co-ordinator to assess its inclusion in the
formal paperwork.
•
Ensure that the VC facilities are in a  suitable room (e.g.  an outside person
cannot observe proceedings, sufficient lighting, comfortable temperature,
access for people with disabilities)
•
A table and chairs that all attendees at that location can sit at
•
Paper, pens and calculator

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•
Copies of papers submitted
•
If the applicant is attending the Hearing, the co-ordinator needs to ensure there
is a presenter who will represent the Ministry’s position in the Hearing. If
required, this person reads the documentation and is not to be a member of the
Review Panel
•
If possible, there should be a Ministry hearing participant, participating in the VC
from a room where external participants are located.  E.g. NZUSA advisor and
the Ministry Advisor in the same room, or the Applicant in the same room as the
Ministry presenter.

Remember to take any specific cultural or language requirements into consideration.
This may include arranging an interpreter.

Setting up – Physical hearing

When you are preparing for a Hearing you will need the following  (or if held at
another site, will need to be co-ordinated):

•
A suitable room (e.g. an outside person cannot observe proceedings, sufficient
lighting, comfortable temperature, access for people with disabilities)
•
A table and chairs that all panel members, applicant and support people can sit
at
•
Paper, pens and calculator
•
Copies of papers submitted
•
If the applicant is attending the Hearing, the co-ordinator needs to ensure there
is a presenter who will represent the Ministry’s position in the Hearing. If
required, this person reads the documentation and is not to be a member of the
Review Panel
•
As the student is physically attending a Hearing, the Manager Report Writing
will have addressed any budget considerations with the Manager, Student
Support Centre. The reasons why the hearing could occur via video-conference
will have been considered if travel costs are involved.

Remember to take any specific cultural or language requirements into consideration.
This may include arranging an interpreter.

Process for Postponements

If the applicant advises the Co-ordinator prior to a Hearing  that they want a
postponement for any reason, this request should be accommodated  where it is
reasonable to do so.  It  can be frustrating when there are multiple postponements,
however it is the applicant’s right to defer a Hearing if, for any reason, that date is not
suitable.

It is recommended in this situation that the Co-ordinator liaises with the applicant and
request they propose a suitable date that gives them adequate time to prepare, and
does not conflict with their schedule. If the applicant has  an agent, they are to be
contacted to confirm they will be adequately prepared to attend  on the new date.
If there are multiple postponements from an applicant  or their representative, this
may require an actual meeting to discuss the issue going forward.

There may be occasions where  a hearing date cannot be agreed upon with the
applicant. In this situation the Co-ordinator prepares a submission to the Secretary

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proposing a set hearing date and the reasons for this.  If the Secretary agrees,  a
hearing date is  set  and notice is given to the applicant.   This does not affect
timeliness issues for performance monitoring as long as these delays are noted  on
page three of the SAR checklist.
Any practice that differs from this should be discussed with the report  writer’s
manager who will consult with relevant legal staff to ensure it is procedurally correct.

Adjournments

Some cases referred to the Review  Panel may not be finalised in discussions
immediately after the Hearing. The Secretary may decide that further time is needed
to consider all submissions made to the Review  Panel, or they may request further
information be provided by either the applicant or the Ministry.
The Secretary will set the time frame for the further evidence to be supplied.  Usually
a  Hearing can be reconvened within a fortnight of the original  date. Under no
circumstances should a Hearing be adjourned without a follow-up date being set.
This ensures that there is not an unreasonable delay in the Hearing being finalised.
The Co-ordinator sets up a reconvened hearing to take place at the end of the time
frame.
New Information Received
New information provided prior to the Student Allowance Review Hearing
Any new information provided to the Co-ordinator must also be provided to all other
parties (e.g.  the Ministry or applicant). The other parties must be given time to
consider the additional information before the Hearing.  (The co-ordinator undertakes
the responsibilities of disseminating information to all relevant parties.) Alternatively,
the Hearing can be postponed until the other parties have had sufficient time to
consider the additional information. If the Hearing is postponed, it is important that a
new date is arranged at the time to avoid undue delays if possible.
New information presented at a Student Allowance Review Hearing
The Secretary must ensure that each party has time to consider any new material,
and if necessary an adjournment should be granted for later that day or another
Hearing date set. It is important that the  Secretary gives both parties a  reasonable
opportunity to respond to any new information before the Secretary takes account of
that new information in their decision making process.
Additional information required for the Secretary to make a decision

If the Secretary requires further information,  the Review Panel may adjourn and
request further information from the Ministry or the applicant (or both). They may also
seek submissions on any aspect of the law.  If they do this, both parties will be asked
to provide submissions. Such an adjournment may occur while the Review Panel is
still present at the Hearing or after they  have left. If it is after they  have left the
Hearing,  the Secretary will write to both the Ministry and the applicant  (via the Co-
ordinator)  requesting the further information and setting down a date for the
information to be provided.  The Secretary has discretion on whether the hearing will
need to be reconvened.  If a hearing is required, the co-ordinator will arrange this to
take place after the evidence deadline.  The Secretary will decide whether or not the
applicant and the Ministry will need to attend when the Hearing is reconvened.

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New information provided after the hearing but before the decision has been
sent to the applicant and the Ministry

If new information relating to the decision under review is received, the Secretary
needs  to consider whether  the information would change the decision. Both parties
need to be given the opportunity to respond in writing regarding the new information
and the Review Panel may need to reconvene if the Secretary needs to take further
advice. The  information  must  be  included  in the Report of the Secretary.  The co-
ordinator undertakes the responsibilities of disseminating information to all relevant
parties.
New information provided after the decision has been made and the findings
have been sent out to the Applicant in the Report of the Secretary

If new information relating to the decision under review is received, it should be sent
to the site that made the original decision to consider,  under section 305 (1) if the
Education Act 1989. If the new information does  not change the decision the
applicant needs to be advised why and provided information regarding the option of
lodging an appeal to the Student Allowance Appeal Authority.

If new information is presented which may change the decision of the Secretary to
the detriment of the applicant,  it must relate to a material change of circumstances
as opposed to information that could or should have  been presented to the Review
Panel at the time of the Hearing (see High Court case Hamidi).  The Ministry has no
right of appeal from the Secretary.

If you are unsure about whether the information is a change of circumstances or not,
please refer to the report writer’s manager who will seek legal advice if appropriate.
The co-ordinator undertakes the responsibilities of disseminating information to all
relevant parties.

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