Document ID: chunk:federal_register_of_legislation:F2021L00997:reg:33
Version: federal_register_of_legislation:F2021L00997
Segment Type: reg
Provision Reference: reg 33
Character Range: 39397–41991

33      Referral of conduct to inquiry officer

Referral to Vice-Chancellor or member of staff for inquiry

(1)    The Registrar must, in writing, refer the student's conduct to the Vice-Chancellor, or to an appropriate member of staff of the University, to conduct an inquiry into the conduct.

Reference to Vice-Chancellor includes reference to delegate etc.

(2)    To remove any doubt, the reference in subsection (1) to the Vice-Chancellor includes a reference to a delegate (or subdelegate) of the Vice-Chancellor.
            [Note: The Vice-Chancellor may, under the Governance Statute, section 66 (Delegation and subdelegation of Vice-Chancellor's functions), delegate (or authorise the subdelegation of) any or all of the Vice-Chancellor's functions under this Part (including as inquiry officer). A function exercised by the delegate (or subdelegate) is taken to have been exercised by the Vice-Chancellor (see Acts Interpretation Act, section 34AB(1)(c)).]

Meaning of references to inquiry officer: general

(3)    A reference in this instrument to the inquiry officer for an inquiry into the student's conduct is a reference to the person to whom the conduct is for the time being referred under this Division to conduct an inquiry into the student's conduct.

Referral to Vice-Chancellor: effect of subsequent delegation etc.

(4)    For subsection (3), if the student's conduct is referred to the Vice-Chancellor to conduct an inquiry into the conduct and the conduct of the inquiry is subsequently delegated (or subdelegated) to a person by the Vice-Chancellor (or a delegate), the student's conduct is taken to have been referred under this Division to the person to conduct an inquiry into the student's conduct.

Meaning of references to inquiry officer: referral to delegate etc. of Vice-Chancellor

(5)    However, to remove any doubt, if the student's conduct is for the time being referred under this Division to a delegate (or subdelegate) of the Vice-Chancellor, the Vice-Chancellor is taken to be the inquiry officer for the inquiry for the purposes of the following provisions:

(a)    section 34(1) (Changes in inquiry officer);

(b)    section 36 (Application of Division 5.3);

(c)    section 52(3) (Action by inquiry officer after finding of academic misconduct).

Meaning of references to member of staff

(6)    In this Division, to remove any doubt, a reference to a member of staff includes a reference to a Deputy Vice-Chancellor, a Pro Vice-Chancellor, or the holder of any other executive position within the University (other than the Vice-Chancellor).