Document ID: chunk:federal_register_of_legislation:F2021L00997:reg:38:p1
Version: federal_register_of_legislation:F2021L00997
Segment Type: reg
Provision Reference: reg 38 (pt 1/2)
Character Range: 45997–48814

38      Inquiry panel to conduct inquiry

(1)    This section applies if the inquiry into the student's conduct has not ended under section 41(2)(a) (Effect of decision whether to take action).

(2)    The Vice-Chancellor may, in writing, appoint a panel of persons:

(a)    to conduct an inquiry into the student's conduct on behalf of the Vice-Chancellor; and

(b)    to report to the Vice-Chancellor on its findings and recommendations.

(3)    If the Vice-Chancellor appoints a panel under subsection (2), the Vice-Chancellor must, in writing, appoint one of the members of the panel as Chair of the panel.

(4)    To remove any doubt, the panel of persons appointed under this section may, but need not be, the same as any panel of persons appointed under section 37 (Inquiry panel for initial decision whether to take action) in relation to the student's conduct.

(5)    This instrument applies in relation to the inquiry conducted by the panel on behalf of the Vice-Chancellor as if:

(a)    a reference in Division 5.5 (Inquiry process) to the inquiry officer, other than an excepted reference, were a reference to the panel; and
[Note: See subsection (6) for the meaning of 'excepted reference'.]

(b)    section 43(2) required the notice to include the names of the members of the panel; and

(c)    a reference in any of the following provisions of Division 5.5 to the inquiry officer were a reference to the Chair of the panel:

(i)    section 43(3)(b) to (i) (Notice of inquiry process);

(ii)    section 45(1)(c)(ii) (Inquiry process: inquiry hearing);

(iii)    section 46 (Inquiry process: remote participation by student etc.);

(d)    section 47 (Inquiry process: changes in inquiry officer) did not apply to the panel; and
[Note: See subsection (8).]

(e)    the reference in section 71(1) (Extension of time), definition of relevant University official, paragraph (b) to the inquiry officer conducting the inquiry were a reference to the Chair of the panel conducting the inquiry; and

(f)    any modification prescribed by order, and any other necessary modification, were made.

(6)    For subsection (5)(a), each of the following references to the inquiry officer is an excepted reference:

(a)    the first reference in section 42(1) (Application of Division 5.5);

(b)    the first reference in section 43(1);

(c)    any reference in section 43(3)(b) to (i);

(d)    the reference in section 45(1)(c)(ii);

(e)    any reference in section 46.

(7)    However, if the name of a member of the panel is not known at the time that the notice under section 43 is given to the student, the Vice-Chancellor must, by a subsequent written notice, tell the student the name of the member as soon as practicable after the name is known.

(8)    The conduct of the inquiry is not affected by any change