Document ID: chunk:federal_register_of_legislation:F2021L00997:reg:39
Version: federal_register_of_legislation:F2021L00997
Segment Type: reg
Provision Reference: reg 39
Character Range: 49357–50694

39      Decision whether to take action under this instrument

(1)    The inquiry officer must initially decide whether action should be taken under this instrument in relation to the student's conduct.

(2)    The inquiry officer must endeavour to make a decision under this section within 20 working days after the day the student's conduct is referred to the inquiry officer to conduct an inquiry into the conduct.

(3)    If the inquiry officer is unable make a decision under this section within the 20-day period, the inquiry officer must, by written notice:

(a)    tell the student and the Registrar; and

(b)    give the student and the Registrar a date by which a decision under this section will be made.

(4)    The inquiry officer may decide that action should not be taken under this instrument if the inquiry officer considers:

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

(i)    that the student engaged in the conduct;

(ii)    that the conduct is a breach of the academic integrity principle; or

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

          Example for paragraph (b)

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