Part 1 - Preliminary

1. Name of Rules and authority making the Rules
2. Date of approval of Rules
3. Resolution number of authority making these the Rules
4. Date on which the Rules take effect
5. Purpose of the Rules
6. Application of the Rules
7. Definition of terms used in the Rules
8. The degree

Part 2- Entry to candidature

9. Applications for entry
10. Entry to candidature
11. Notice of an offer of entry
12. Review of decision
13. Appeal against non-entry

Part 3 - Enrolment or re-enrolment as a candidate

14. Eligibility to enrol
15. Enrolment

Part 4 - Undertaking candidature

16. Probationary candidature
17. Requirements during probationary candidature
18. Confirmed candidature
19. Requirements during confirmed candidature
20. Progress during candidature
21. Leave from candidature
22. Transfer of candidature
23. Withdrawal from candidature
24. Time limitations on candidature

Part 5 - Thesis

25. Change of thesis topic
26. Thesis requirements
27. Submission of thesis for examination
28. Examination of thesis
29. Availability of final thesis

Part 6 - Grievance mechanisms

30. Grievance with a decision made by the Committee

Part 7 - Relaxing provision and transition arrangements

31. Relaxing provision
32. Transition arrangements

Part 1 - Preliminary

5.1 These Rules are intended to state the requirements and provisions that apply to the degree of Doctor of Business Administration of the University of the Sunshine Coast.

6.1 These Rules apply to the degree of Doctor of Business Administration.

6.2 If the Council or the Vice-Chancellor arranges for a dual or joint Doctor of Business Administration to be offered in conjunction with another higher education provider, the arrangements as specified in the form of a contractual agreement between the University and the other education provider will prevail over anything in these Rules that is inconsistent with those arrangements.

7.1 Terms used in these Rules are as defined below:

Candidate means a person granted entry to, and currently enrolled in, the degree of Doctor of Business Administration.

Candidature means the period of time during which a person is a candidate.

Committee means the Graduate Studies Sub-committee of the Research Management Committee.

Confirmed candidature means the period of a person's candidature following a period of probationary candidature, subject to the Committee's approval for progression beyond probationary candidature, or the period of a person's candidature where an applicant is admitted without the need for a period of probationary candidature.

Co-supervisor means a person appointed by the Committee to provide supervision to a candidate in association and co-operation with the candidate's principal supervisor.

Dean means the Dean, Faculty of Business.

Degree means the Doctor of Business Administration.

Faculty means the Faculty of Business.

Faculty Research Training Co-ordinator means the person nominated by the Dean to co-ordinate and oversee, at the faculty level, all matters related to applications for entry to candidature, supervision of candidature, progress during candidature, and examination of theses.

Higher degree by research means a degree awarded at Master or doctoral level for a program of work that comprises at least two-thirds advanced research and that is embodied in a research thesis or dissertation examined by a panel of independent examiners.

Leave from candidature means a period of time during which, at the candidate's request and subject to approval by the Committee, a candidate's enrolment is temporarily suspended and at the end of which period the candidate may apply to resume candidature.

Office of Research means the University entity with responsibility for processing administrative business relating to a person's candidature.

Panel of supervisors means the persons appointed by the Committee to be joint principal supervisors of the candidate.

Probationary candidature means an initial period of candidature which commences once a person has become a candidate, unless the person has been admitted to candidature as a confirmed candidate, and prior to a person being approved for progression to a period of confirmed candidature.

Program means the approved research, study and production of work to be undertaken by the candidate during candidature.

Research proposal means a detailed proposal for the research, study and production of work to be undertaken by a candidate, including an explication of the subject matter of the research, a literature review, the research methodology to be used, proposed supervisory arrangements for the research and time lines for completion of a thesis.

Register of Principal Supervisors means the list of persons approved by the Deputy Vice-Chancellor as eligible for appointment as a principal supervisor of a candidate.

Supervisor means the person appointed by the Committee to be the principal supervisor of a candidate.

Thesis means a substantial piece of scholarly writing resulting from research undertaken by the candidate and produced during candidature to meet the requirements for the award of the degree.

8.1 The Doctor of Business Administration will be awarded for a significant contribution of merit achieved through a program of advanced research, study and production of work in a scholarly branch of learning which is embodied in a thesis, subject to the Committee being satisfied that, after examination by an independent panel of examiners, a candidate's thesis for the degree warrants admission of the candidate to the degree.

8.2 To qualify for admission to the award of the degree a candidate will enrol and satisfy the requirements prescribed in these Rules.

8.3 The program of advanced research, study and production of work for the degree will be carried out under the direction of a supervisor recorded in the Register of Principal Supervisors and any co-supervisors, each of whom will be appointed by the Committee, or under the direction of a panel of supervisors, at least one of whom must be recorded in the Register of Principal Supervisors and each of whom must be appointed by the Committee.

8.4 The program of advanced research, study and production of work for the degree will be undertaken within the University or at a location approved by the Committee.

8.5 The greater part of the program of advanced research, study and production of work to be undertaken by the candidate must be completed during candidature.

8.6 The program of advanced research, study and production of work must not contain as its main content any work or material which is embodied in a thesis or dissertation previously submitted by the candidate or any other person for a University degree or other similar qualification, unless the Committee approves otherwise.

Part 2 - Entry to candidature

9.1 A person applying for entry to candidature must make application to the Committee in accordance with application procedures issued by the Office of Research from time to time.

10.1 The Committee may admit as a candidate an applicant who:

(a) has satisfied all of the requirements for admission to the degree of Master of Business Administration with a grade point average of Credit or better, or admission to the degree of Master of Business, or an equivalent degree from this University or other recognised higher education institution, and

(b) has at least five years of relevant work experience in a professional field relevant to the degree, preferably at managerial level, and

(c) has the demonstrated capacity to contribute to innovative professional practice in a professional field relevant to the degree, and

(d) has demonstrated sufficient command of English to complete satisfactorily the proposed program of research and study and to prepare a thesis in English.

10.2 The Committee may not admit an applicant to candidature unless it is satisfied that adequate supervision and resources are available within the University, or elsewhere as evidenced by written agreements with other parties, to support the candidature and to enable the proposed program of research, study and production of work to be undertaken to completion.

10.3 The Committee, or a sub-committee authorised by the Committee, will determine if an applicant is eligible for entry on the basis of information required under the application procedures and given by the applicant, including but not restricted to certified copies of academic transcripts and testamurs, a brief outline of the intended area of research and study, and, where appropriate, a portfolio of relevant academic, professional and research works.

10.4 The Committee or a sub-committee authorised by the Committee will select applicants for entry to candidature on the basis of:

(a) an applicant meeting the eligibility requirements for entry to candidature, and

(b) demonstrated merit in the form of documentary and other evidence of academic or scholarly achievements, and

(c) the quality and feasibility of an applicant's proposed program of research and study during candidature, as documented in an outline of the proposed program, and

(d) any assessment of an applicant's portfolio of academic, professional and research works by the Dean or Faculty Research Training Co-ordinator and by the Committee, and

(e) coherence of the proposed research and study with the University's designated areas of research as identified in the current University Research and Research Training Plan, and

(f) any recommendation from the Dean or Faculty Research Training Co- ordinator concerning an application for entry, and

(g) the current and foreseeable availability of human and other resources to support an applicant's candidature and proposed program of research and study.

10.5 In making a decision under Rule 10.4, the Committee or a sub-committee authorised by the Committee must consider an applicant's level of proficiency in the English language.

10.6 The Committee or a sub-committee authorised by the Committee may determine that an applicant may not be admitted to candidature.

10.7 The Committee or a sub-committee authorised by the Committee will determine any special conditions of enrolment or candidature for an applicant selected for entry, including but not restricted to the source and receipt of funding for, or payment of, enrolment or tuition fees for candidature and the appointment of an initial supervisor.

10.8 Normally, the Committee will offer admission as a probationary candidate to an applicant who is selected for entry.

10.9 The Committee may offer admission as a confirmed candidate to an applicant selected for entry in accordance with Rule 18.3.

11.1 The Office of Research will arrange for each applicant who has been selected for entry to candidature for the degree to be given notice in writing of an offer of entry to candidature.

11.2 The notice referred to in Rule 11.1 must specify the year or period for which the offer of entry is effective.

11.3 The notice referred to in Rule 11.1 must specify the level of candidature at which the applicant will be permitted entry.

12.1 An applicant may apply for a review of a decision not to admit the applicant to candidature for the degree.

12.2 A request for review of a decision referred to in Rule 12.1 must be made in writing and be lodged with the Office of Research within 14 days of the date of the advice given to the applicant that entry to candidature has not been given.

12.3 The review must be conducted by the Committee under procedures established by the Committee.

12.4 The Committee may:

(a) confirm the decision not to admit the applicant to candidature, or

(b) withdraw the original decision and admit the applicant to candidature.

12.5 The decision made under Rule 12.4, together with reasons for the decision, must be given in writing to the applicant by the Office of Research within seven (7) days of the decision.

13.1 An applicant may appeal against a decision made under Rule 12.4.

13.2 An appeal made under Rule 13.1 must:

(a) be in writing, state the grounds for the appeal and include any relevant documentation, and

(b) be lodged with the Vice-Chancellor within seven (7) days of the date of the advice given to the applicant under Rule 12.5.

13.3 The appeal will be conducted under procedures established by the Deputy Vice- Chancellor.

13.4 The appeal will be conducted by an independent person or a panel of independent persons nominated by the Vice-Chancellor.

13.5 The person or persons conducting the appeal may:

(a) confirm the decision not to admit the applicant to candidature, or

(b) set aside the original decision and direct the Committee to admit the applicant to candidature.

13.6 The decision made under Rule 13.5, together with reasons for the decision, must be given in writing by the Vice-Chancellor to the applicant and the Committee within seven (7) days of the decision.

13.7 The decision made under Rule 13.5 is final.

Part 3 - Enrolment or re-enrolment as a candidate

14.1 A person must have been admitted to candidature in accordance with these Rules to be eligible to enrol as a candidate.

14.2 A person may not enrol or re-enrol as a candidate for the degree at the same time as undertaking any other higher degree by research at any Australian university or any other award-bearing program offered by this University.

15.1 A person is an enrolled candidate when:

(a) the person has lodged an acceptance of offer with the Office of Research in accordance with procedures determined from time to time by the Office of Research, and

(b) payment of any tuition or other fees required for the person's enrolment or re- enrolment as a candidate for the current period of enrolment is recorded as having been received, and

(c) the person's name is entered on the Student Information System as an enrolled candidate for the degree for the current period of enrolment.

15.2 Enrolment or re-enrolment as a candidate will be conducted at a time and location as agreed between the candidate and the Office of Research from time to time.

15.3 A penalty may be imposed on a person for late payment of any tuition or other fees required as part of the person's enrolment or re-enrolment.

15.4 The Deputy Vice-Chancellor will determine from time to time any penalty to be imposed on a person under Rule 15.3.

15.5 A person will continue to be an enrolled candidate unless:

(a) the person is certified by the Committee as having met the requirements for admission to the award of Doctor of Business Administration, or

(b) the person is on approved leave from candidature, or

the person advises the Committee in writing of the person's withdrawal from enrolment or candidature, or
(d) the person's candidature has been terminated by the Committee, or

(e) the person's name has not been entered on the Student Information System as an enrolled candidate for the degree for the current period of enrolment.

15.6 A person who is certified by the Committee as having met the requirements for admission to the degree of Doctor of Business Administration will not be permitted to re-enrol as a candidate for the degree.

Part 4 - Undertaking candidature

16.1 A candidate's probationary candidature will commence from the date on which the candidate is enrolled as a probationary candidate.

17.1 During a period of probationary candidature, a candidate is required:

to enrol in and complete successfully a course in research methodology as specified from time to time by the Dean, and
(b) in the case of a candidate enrolled as an off-campus candidate, to attend in person during each 26 weeks of enrolment a campus of the University or other location determined by the Dean for a minimum of two days, at a time to be determined by the Dean, except where approval has been granted by the Dean for exemption from this requirement for any specified 26-week period of enrolment.

17.2 During a period of probationary candidature, in addition to any other work agreed between a candidate and the candidate's initial supervisor, a candidate must prepare a research proposal that includes:

(a) a proposed topic for a thesis,

(b) an explication of the candidate's research issue or problem or question or hypothesis, and

(c) a comprehensive literature review, and

(d) details of the candidate's proposed research methodology or methodologies, and

(e) a list of references, and

(f) proposed timelines for completion of various stages of the research and thesis including, where appropriate, any manuscripts to be submitted for publication, and

(g) the names of the candidate's proposed supervisor/s during confirmed candidature, and

(h) documentary evidence of any ethics or other approvals and, where applicable, any permits, licences or other authorisations for the proposed research that are required by law.

17.3 A full-time probationary candidate will, within 52 weeks of the date on which the candidate was first enrolled in probationary candidature, apply to the Committee through the Dean or Faculty Research Training Co-ordinator for confirmation of candidature.

17.4 A part-time candidate will, within 104 weeks of the date on which the candidate was first enrolled in probationary candidature, apply to the Committee through the Dean or Faculty Research Training Co-ordinator for confirmation of candidature.

17.5 In applying for confirmation of candidature, the candidate must submit to the Committee the research proposal required under Rule 17.2 and evidence of completion of the research methodology course required under Rule 17.1.

17.6 A Dean or Faculty Research Training Co-ordinator may require a probationary candidate to make a presentation on the detailed research proposal in a seminar before allowing the candidate to make application for confirmation of candidature.

17.7 In forwarding a candidate's application for confirmation of candidature, the Dean or Faculty Research Training Co-ordinator will make a written recommendation to the Committee, giving reasons, as to whether:

(a) the candidate should be approved for progression to confirmed candidature and the topic for the candidate's thesis should be approved, or

(b) the candidate should be required to continue enrolment as a probationary candidate for a specified period of time up to a maximum of a further 16 weeks in the case of a full-time candidate or 32 weeks in the case of a part-time candidate, or

(c) the candidate should be asked to show cause why the enrolment should not be terminated, or

(d) the enrolment should be terminated.

17.8 Before making any recommendation under Rule 17.7(d) above, the Dean or Faculty Research Training Co-ordinator will give the candidate an opportunity to make representations orally or in writing and will take any representations into account before making the recommendation.

17.9 The Committee will assess the candidate's application for confirmation of candidature taking account of the recommendation of the Dean or Faculty Research Training Co-ordinator and will determine whether:

(a) the candidate should be approved for enrolment as a confirmed candidate and the topic for the candidate's thesis should be approved, or

(b) the candidate should be required to continue enrolment as a probationary candidate for a specified period of time up to a maximum of a further 26 weeks in the case of a full-time candidate or 52 weeks in the case of a part-time candidate, or

(c) the candidate should be asked to show cause why the enrolment should not be terminated, or

(d) the enrolment should be terminated.

17.10 Before exercising the power referred to in 17.9(d) above, the Committee will give the candidate an opportunity to make representations orally or in writing and will take any representations into account before reaching its decision.

17.11 A candidate will not be permitted to continue enrolment as a probationary candidate beyond a total of 78 weeks in the case of a full-time candidate or beyond a total of 156 weeks in the case of a part-time candidate.

18.1 If the Committee approves a probationary candidate's application for confirmation of candidature, the candidate will be enrolled as a confirmed candidate for the relevant degree.

18.2 A candidate's confirmed candidature will commence from the date on which the candidate is enrolled as a confirmed candidate.

18.3 An applicant for entry may be admitted direct to, and enrolled in, confirmed candidature, if the Committee is satisfied that:

(a) at the time of, or immediately prior to, applying for entry, the applicant was enrolled as a candidate for a higher degree by research at this or another approved higher education institution, and

the research to be undertaken towards the degree is substantially the same as that undertaken by the applicant towards the other higher degree by research, and

(c) the applicant has not submitted for examination a thesis or dissertation based on the research undertaken by the applicant towards the other higher degree by research, and

(d) the applicant has provided evidence of having made sufficient progress in the other higher degree by research to warrant entry to confirmed candidature.

19.1 During a period of confirmed candidature, a candidate enrolled as an off-campus candidate is required to attend in person during each 26 weeks of enrolment a campus of the University or other location determined by the Dean for a minimum of two days, at a time to be determined by the Dean, except where approval has been granted by the Dean for exemption from this requirement for any specified 26-week period of enrolment.

19.2 During a period of confirmed candidature, in addition to any other requirements contained in these Rules and in addition to any production of work as agreed between a candidate and supervisor, a candidate must complete and submit for examination a thesis which embodies the candidate's research during candidature and which is produced in accordance with any requirements of the Committee, the candidate's supervisor and the Dean or Faculty Research Training Co-ordinator.

20.1 After each 26 weeks of enrolment, the candidate, the supervisor, the Dean and the Faculty Research Training Co-ordinator will submit a progress report on the candidature to the Committee for assessment.

20.2 For the purpose of assessing a candidate's progress, the supervisor, the Dean and the Faculty Research Training Co-ordinator may submit reports on the candidate's progress to the Committee at any time.

20.3 After considering any reports, and any other associated evidence, that indicate unsatisfactory progress, the Committee may:

(a) place conditions on continuation of the candidature, or

(b) invite the candidate to show cause why the enrolment and candidature should not be terminated, or

(c) terminate the enrolment and candidature of a candidate, if:

(i) a candidate has failed to lodge a progress report, without acceptable explanation, within 10 weeks of the due date for that report, or

(ii) a candidate is assessed by the Committee as having made unsatisfactory progress over two consecutive reporting periods, or

(iii) a candidate has not complied with any condition for continuation of candidature imposed by the Committee during previous consideration of progress reports on the candidature.

20.4 Before exercising the power referred to in Rule 20.3(c) above, the Committee will give the candidate an opportunity to make representations orally or in writing and will take any representations into account before reaching its decision.

21.1 An enrolled candidate may apply to the Committee for leave from candidature according to procedures determined from time to time by the Office of Research.

21.2 In making a determination whether to approve leave from candidature, the Committee may take into consideration:

(a) the extent to which the candidate had made progress in candidature prior to submitting the application for leave, and

(b) the reasons given by the candidate for seeking the leave, and

(c) any recommendation from the candidate's supervisor or Faculty Research Training Co-ordinator.

21.3 During a period of approved leave a candidate is not enrolled in candidature and the period of leave does not count towards the minimum and maximum time for completion of the degree as specified in Rule 24.1 or towards the maximum time for probationary candidature as specified in Rule 17.11.

21.4 As a consequence of Rule 21.3, a candidate may not undertake research, study or production of work for the degree during any period of approved leave from candidature.

21.5 At the conclusion of a period of leave, the candidate must make application to re-enrol in candidature and may not submit a thesis for examination within the first four weeks of that re-enrolment.

22.1 A candidate for a higher degree by research in this University may be permitted to transfer enrolment to candidature in the Doctor of Business Administration under such terms and conditions as the Committee may determine.

22.2 Normally, a transfer of enrolment to the Doctor of Business Administration will not be approved by the Committee unless the candidate meets the eligibility requirements for entry to candidature for the Doctor of Business Administration.

22.3 A candidate who transfers enrolment from a higher degree by research to the Doctor of Business Administration will be deemed to have commenced candidature in the Doctor of Business Administration from the time of entry to candidature in the higher degree by research in which the candidate was enrolled immediately prior to the transfer.

22.4 A candidate for the Doctor of Business Administration may be permitted to transfer enrolment to candidature in another higher degree by research of this University under such terms and conditions as the Committee may determine.

23.1 A candidate may withdraw from candidature by informing the Office of Research in writing and the withdrawal will take effect from the date of receipt of such notification.

24.1 A candidate must complete the thesis and submit it for examination in not less than 78 weeks of full-time or 156 weeks of part-time candidature from the time of entry to candidature and not more than 208 weeks of full-time or 416 weeks of part-time candidature, except with the permission of the Committee.

Part 5 - Thesis

25.1 After a candidate's thesis topic has been approved by the Committee under Rule 17.9(a) the topic may be changed only with the approval of the Committee on the recommendation of the Dean or the Faculty Research Training Co-ordinator.

26.1 A candidate's thesis:

(a) must be written in English, and

(b) must be accompanied by an abstract of approximately 300 words describing its content, and

(c) must be presented in accordance with any guidelines developed by the Committee and in the manner prescribed by the candidate's supervisor and the Faculty Research Training Co-ordinator, and

(d) must consist of a candidate's own account of the advanced research and study undertaken by the candidate, and

(e) must have been wholly written and completed during candidature for the degree, except where the Committee has approved a transfer of enrolment from another higher degree by research to enrolment for the Doctor of Business Administration, and

(f) may contain work done conjointly with other persons provided that the Committee is satisfied with the candidate's part in the joint research, and

(g) must not contain as its main content any work or material which is embodied in a thesis or dissertation previously submitted by the candidate or any other person for a University degree or other similar qualification, unless the Committee approves otherwise.

27.1 A candidate may not submit a thesis for examination unless and until the course required under Rule 17.1(a) has been completed satisfactorily.

27.2 A candidate must give the Committee not less than eight weeks written notice of intention to submit a thesis for examination.

27.3 A candidate must submit to the Office of Research four copies of the thesis, together with:

(a) a certificate signed by the candidate that the thesis complies with Rule 26.1, and

(b) if the candidate wishes, any documents or work published by the candidate bearing on the subject of the thesis.

27.4 The candidate's supervisor must provide the Committee with a certificate that states in relation to a candidate's thesis submitted for examination:

(a) whether the thesis is of sufficient merit to warrant examination, and

(b) whether the candidate has completed the advanced research, study and production of work embodied in the thesis during candidature and under the direction of the supervisor.

27.5 In the event that the supervisor does not provide a certificate required under Rule 27.4 within two weeks of the candidate's submission, or that the certification is unfavourable, a candidate may make a request in writing to the Committee that the thesis be accepted nevertheless for examination.

27.6 In determining whether a thesis will be accepted for examination, the Committee may seek:

(a) the comments of the supervisor and the Dean or Faculty Research Training Co-ordinator on the thesis, and

(b) written or oral representations from the candidate, the supervisor or the Dean or Faculty Research Training Co-ordinator, and

(c) any other information the Committee may require.

27.7 If the Committee determines that the thesis may not be submitted for examination, the Office of Research must, within seven (7) days of the determination, advise the candidate in writing of the decision, the reasons for the decision and, where appropriate, any actions that the candidate needs to take in order that the thesis may be made ready for examination.

28.1 The Committee will appoint three examiners for a thesis, of whom at least two will not be members of the staff of the University and none of whom is to be a supervisor of the candidate or a person who knows the supervisor/s or the candidate in a capacity that has the potential to call into question the independence and objectivity of the examiner.

28.2 The Committee will consider the reports and recommendations of the examiners of the thesis and may:

(a) (i) recommend to the Academic Board that the candidate be admitted to the degree, or

(ii) recommend that the candidate be admitted to the degree, subject to any required minor amendment of the thesis being made by the candidate, or

(b) determine that the candidate re-enrol and amend and resubmit the thesis for examination by examiners who may include any or all of the original examiners, or

(c) determine that the candidate re-enrol and undertake further written, oral or practical examinations or produce further work for examination, or

(d) recommend to the candidate that the candidate transfer enrolment to another higher degree by research program and, following amendment of the thesis, resubmit the thesis for examination for the other degree, or

(e) recommend to the Academic Board that the candidate be admitted to the award for an appropriate other higher degree by research at Master level, or

(f) determine that the candidate not be admitted to the degree, and that the candidature be terminated, or

(g) take any other reasonable action as deemed appropriate.

28.3 A candidate will be permitted to amend and resubmit a thesis for examination for award of the degree once only.

28.4 A candidate who is permitted to revise and resubmit a thesis for re-examination under Rule 28.3 must re-enrol as a candidate for the purpose of the revision and resubmission.

28.5 A candidate who is required to undertake significant rewriting or substantial revision of a thesis, or undertake production of further work under Rule 28.2(c) must re-enrol and remain enrolled for the purpose of preparing for further examination.

28.6 A thesis that is revised following its initial examination must be submitted to the Office of Research by the candidate for examination by a date to be determined by the Committee and by no later than 52 weeks from the date on which the candidate was advised of the result of the initial examination.

28.7 A thesis to which minor amendments have been made by the candidate as required under Rule 28.2(a)(ii) must be submitted to the Office of Research by a date to be determined by the Committee and by no later than 13 weeks from the date on which the candidate was advised of the result of the examination.

28.8 A candidate required to make minor amendments to a thesis under Rule 28.2(a)(ii) will be considered to be an enrolled candidate until the date specified by the Committee for submission of the amended thesis.

29.1 A candidate who satisfies the requirements for the degree and who is recommended for admission to the degree must:

(a) lodge an electronic copy of the thesis with the University Library in a manner and form to be determined from time to time by the Executive Director, Information Services, and

(b) provide the supervisor with one copy of the thesis in a form to be agreed between the candidate and supervisor, and

(c) in the case of a thesis that includes published works or works that are subject to copyright or patent or similar intellectual property restrictions, lodge with the thesis a copy of any contract or formal agreement or legal instrument that binds the candidate or the University with respect to those works.

29.2 The University Library, in a time scale to be determined by the Deputy Vice-Chancellor, will make and bind a copy of the thesis lodged by the candidate subject to any restrictions required under any legally enforceable instrument lodged under Rule 29.1(c).

29.3 The copy of the thesis lodged with the University Library will be available to any person for consultation or copying unless, on the application of the candidate concerned, the Committee determines that it will not be made available without the written consent of the author for a period which must not exceed 52 weeks or unless prohibited by any restrictions required by any legally enforceable instrument lodged under Rule 29.1(c).

29.4 Subject to any determination by the Committee under Rule 29.3, the Library may supply, in any medium, a copy of the thesis upon request to any person or library unless prohibited by any restrictions required by any legally enforceable instrument lodged under Rule 29.1(c).

Part 6 - Grievance mechanisms

30.1 A candidate who is aggrieved by a decision made by the Committee pursuant to these Rules may make a written request for review of the decision by the Deputy Vice- Chancellor.

30.2 On receipt of a written request for review of a decision made under Rule 30.1 the Deputy Vice-Chancellor will determine whether grounds exist for review of the decision.

30.3 The grounds for review of a decision made by the Committee will be restricted to:

(a) that the processes for making the decision were contrary to the principles of natural justice and procedural fairness, or

(b) that the Committee was not provided with all evidence relevant to the subject of the decision that was available within the University at the time of making that decision.

30.4 If the Deputy Vice-Chancellor determines that grounds exist for a review of a decision made by the Committee, the Deputy Vice-Chancellor will conduct that review and may:

(a) require the Committee to provide all evidence presented to the Committee in making its decision, and

(b) request the candidate and any University employee to provide any record or document that existed at the time the Committee made its decision and that the Deputy Vice-Chancellor determines may be pertinent to review of the decision, and

(c) invite the candidate to present a submission orally or in writing as to why the decision should be changed, and

(d) invite the Committee to present a written submission as to why the decision should be upheld.

30.5 The Deputy Vice-Chancellor will determine whether to:

(a) uphold the Committee's decision, or

(b) request the Committee to rescind or amend its decision, or

(c) direct the Committee to make an alternative decision.

30 .6 In the event that the Committee declines a request made under Rule 30.5 to rescind or amend its decision, the Deputy Vice-Chancellor will determine whether to uphold the Committee's decision or to direct the Committee to make an alternative decision.

30.7 The Deputy Vice-Chancellor will advise the candidate and the Committee in writing of the determination made on whether grounds exist for review of a decision and of any determination made as a result of a review of a decision, giving reasons.

30.8 In the event that the Deputy Vice-Chancellor was a member of the Committee or had otherwise participated in the decision that is the subject of a request made under Rule 30.1 the Deputy Vice-Chancellor will refer the request to the Vice-Chancellor who will:

(a) undertake the actions specified for the Deputy Vice-Chancellor under Rules 30.2 to 30.7, or

(b) nominate a person [other than the Deputy Vice-Chancellor or a member of the Committee or any other person who participated in the decision that is the subject of the request for review made under Rule 30.1] to undertake the actions specified for the Deputy Vice-Chancellor under Rules 30.2 to 30.7, and

(c) advise the candidate and the Committee in writing of the name of the person undertaking the actions specified for the Deputy Vice-Chancellor under Rules 30.2 to 30.7.

Part 7 - Relation provision and transition arrangements

31.1 In order to provide for exceptional circumstances arising in a particular case, the Academic Board, on the recommendation of the Committee, is authorised by the Council to relax any provision of these Rules other than Rules 30.1 to 30.8 inclusive.

31.2 Within 20 working days of any relaxation of any provision in these Rules, the Academic Board must provide the Council with written details of, and the reasons for, any relaxation of these Rules.

32.1 Each candidate who, on 1 September 2005, is enrolled in the Doctor of Business Administration, or on a period of suspension from candidature for that degree, will be advised by the Office of Research that:

(a) the Rules for Higher Degrees by Research that previously governed the degree for the Doctor of Business Administration have been replaced by these Rules, and

(b) if the candidate believes that the candidate has been disadvantaged by the replacement of the Rules for Higher Degrees by Research by these Rules then the candidate may make written application to the Committee for:

(i) relaxation of specific provisions in these Rules in the case of the candidate, or

(ii) permission to continue candidature under the Rules for Higher Degrees by Research that prevailed before introduction of these Rules.

32.2 The Committee will consider any application made under Rule 32.1 and will:

(a) recommend to the Academic Board either that a provision of these Rules be relaxed or not be relaxed in a particular case, giving details of the particular case and the reason for the Committee's recommendation, or

(b) recommend to the Council, through the Academic Board, either that a candidate be granted or not be granted permission to continue candidature in the Doctor of Business Administration under the Rules for Higher Degrees by Research that were in effect on 31 August 2005, and

(c) in making any recommendation, act in accordance with the principle that, normally, legislation should not have retrospective application, especially where that legislation has the effect of disadvantaging an individual.

32.3 Within seven (7) days of any decision made by the Academic Board or the Council in response to a recommendation made under Rule 32.2(a) or Rule 32.2(b), the Office of Research will provide written advice to the candidate who has made application under Rule 32.1(b) of the decision made by the Academic Board or the Council with respect to the application.

Effective from 1 September, 2005.