International Education Review Panel

The Review Panel is established under the Code of Practice for the Pastoral Care of International Students (the Code). It comprises three members, but may operate with a quorum of two members when one member is unavailable.

The primary role of the Review Panel is to determine whether a signatory to the Code should be removed or suspended as a signatory when the IEAA considers the signatory to have committed a serious breach of the Code or to have not satisfactorily complied with a sanction imposed by it. The IEAA is not empowered to remove or suspend. Only the Review Panel may do that.

The sanctions of removal or suspension of a provider as a signatory to the Code are serious. That is because section 238E of the Education Act 1989 has the effect that a provider who is removed as a signatory to the Code may no longer provide education to international students. In the case of suspension, the provider is only permitted to provide education to international students to the extent permitted by the Review Panel.

The Review Panel may also impose sanctions other than removal or suspension. Those sanctions are a requirement that corrective action is undertaken, that a breach of the Code by the signatory be published, that restitution be ordered and that any "appropriate sanction" not specifically authorised in the Code be ordered.

The Review Panel is a quasi-judicial body because its decisions may impact on important rights and obligations of stakeholders, and because the sanctions it may impose can have serious consequences.

The current members of the Review Panel are:

• Nigel Dunlop of Auckland, Barrister, Chair
• David Bradshaw of Auckland, Lawyer
• Nikki Pender of Wellington, Lawyer

The Code requires the Review Panel to furnish an annual report to the Administrator. The two most recent reports for 2009 and 2010 can be downloaded below.

In its decisions 01/09 and 03/09 the Review Panel has explained its interpretation of various provisions of the Code and how they relate to wider international education considerations. One reason the Review Panel has made these explanations is so as to acquaint stakeholders and potential stakeholders with the approach the Review Panel might adopt in future cases. You can download these two decisions below.