Document ID: chunk:federal_register_of_legislation:F2021L00997:reg:46
Version: federal_register_of_legislation:F2021L00997
Segment Type: reg
Provision Reference: reg 46
Character Range: 57920–60366

46      Inquiry process: remote participation by student etc.

(1)    In this section:

       inquiry includes any part of the inquiry.

       relevant person means:

(a)    the student; or

(b)    a person nominated by the student as a person to accompany the student.
            [Note: If the inquiry is conducted by a panel, a reference in this section to the inquiry officer is a reference to the Chair of the panel (see section 38(5)(c) (Inquiry panel to conduct inquiry)).]

(2)    The inquiry officer may, in writing, permit or require a relevant person to participate in the inquiry remotely by a method of communication, and in accordance with any arrangements, specified by the inquiry officer.
            Examples of methods of communication for remote participation
            1 teleconference
            2 videoconference

(3)    However, the inquiry officer may require the relevant person to participate in the inquiry remotely only if the inquiry officer considers that the requirement is necessary or desirable for all or any of the following reasons:

(a)    to avoid or reduce the risk of harm to the health, safety or wellbeing of any person;

(b)    to allow the inquiry to be conducted in a fair and orderly way;

(c)    to avoid or reduce any other risk of harm to the University or its students, staff or property.

(4)    If the relevant person participates in the inquiry remotely under a permission or requirement under this section, the inquiry officer must endeavour to ensure that, as far as practicable, the relevant person is able to participate in the inquiry to the same extent as the person would have been able to participate if the person had attended the hearing of the inquiry in person.

(5)    If the student participates in the inquiry remotely under a permission or requirement under this section, the student is taken to have appeared in person at the inquiry.

(6)    If a person nominated by the student participates in the inquiry remotely under a permission or requirement under this section, the person is taken to be accompanying the student, whether or not the student attends the hearing of the inquiry in person.

(7)    This section does not limit the power of the inquiry officer to permit or require a person, other than the student or a person nominated by the student, to participate in the inquiry remotely by teleconference, videoconference or any other method of communication.