Document ID: chunk:federal_register_of_legislation:F2021L00998:reg:12
Version: federal_register_of_legislation:F2021L00998
Segment Type: reg
Provision Reference: reg 12
Character Range: 20312–21548

12      Decision whether to take action under this instrument: prescribed authority

(1)    This section applies if a prescribed authority becomes aware that a student (the respondent) has, or may have, engaged in conduct that is misconduct.

(2)    The prescribed authority must initially decide whether action should be taken under this instrument in relation to the respondent's conduct.

(3)    The prescribed authority may decide that action should not be taken under this instrument if the prescribed authority considers:

(a)    that there are not adequate grounds for believing either or both of the following:

(i)    that the respondent engaged in the conduct;

(ii)    that the conduct is misconduct; or

(b)    that it is otherwise inappropriate for action to be taken, or taken for the time being, in relation to the respondent under this instrument.

          Examples for paragraph (b)

          1 A complaint is being, or is to be, dealt with under other University legislation or alternative policies and procedures of the University.

          2 A criminal investigation or prosecution, or another legal proceeding, has begun in relation to the conduct.

          3 The conduct is not University-related conduct.