Document ID: chunk:federal_register_of_legislation:F2021L00997:reg:43:p1
Version: federal_register_of_legislation:F2021L00997
Segment Type: reg
Provision Reference: reg 43 (pt 1/2)
Character Range: 52634–55326

43      Notice of inquiry process

(1)    Within 5 working days after the day the inquiry officer decides that action should be taken under this instrument in relation to the student's conduct, the inquiry officer must give the student a written notice that tells the student that the inquiry officer is to conduct an inquiry into the student's conduct.
            [Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]

(2)    Without limiting subsection (1), the notice must:

(a)    include a description of the conduct that is to be inquired into; and

(b)    state the purpose of the inquiry; and
[Note: See section 44 (Inquiry process: purpose of inquiry).]

(c)    include, or be accompanied by, copies of the material in the inquiry officer's possession on which the inquiry officer may rely in the inquiry; and

(d)    state the time and place fixed for the hearing of the inquiry.

(3)    The notice must also include, or be accompanied by, a statement (or statements) to the effect that:

(a)    the inquiry may be conducted in an informal way and the inquiry officer is not bound by the rules of evidence; and

(b)    the student may appear in person at the inquiry, unless the inquiry officer requires the student to participate remotely by a method of communication specified by the inquiry officer; and

(c)    the student may apply to the inquiry officer for permission for the student, or for a person nominated by the student to accompany the student, to participate in the inquiry, or a part of the inquiry, remotely by a method of communication stated in the notice or otherwise specified by the inquiry officer; and

(d)    if the student does not appear at the time and place fixed for the hearing of the inquiry, the inquiry may be held in the absence of the student; and

(e)    if the student appears at the inquiry, the student may present oral and written statements to the inquiry (including written statements made by another person); and

(f)    if the student appears at the inquiry, the student may be accompanied by another person nominated by the student who may observe the proceedings and, with the express approval of the inquiry officer, act as an advocate; and

(g)    the student may, in addition to or instead of appearing at the inquiry, give the inquiry written statements about the conduct being inquired into (whether made by the student or another person); and

(h)    any written statements under paragraph (g) must be given to the inquiry within the time specified in the notice; and

(i)    the student may apply to the inquiry officer for an extension of any time applying to the