Document ID: chunk:federal_register_of_legislation:F2021L00998:reg:22
Version: federal_register_of_legislation:F2021L00998
Segment Type: reg
Provision Reference: reg 22
Character Range: 40236–42599

22      Interim action by Vice-Chancellor

(1)    This section applies if the Vice-Chancellor is satisfied that the respondent is likely to have engaged in conduct that is misconduct.
[Note: See also section 23 (Interim action by Vice-Chancellor: procedure and review).]

(2)    The Vice-Chancellor may, before an inquiry has been held or completed into the conduct:

(a)    deny the respondent access to all or any University facilities, to all University premises, any University premises or any part of University premises, or to all or any activities conducted by or on behalf of the University:

(i)    for a specified period (ending no later than the completion of an inquiry into the conduct); or

(ii)    until an inquiry has been completed into the conduct; or

(b)    if the conduct was engaged in during an examination or other assessment—exclude the respondent from attendance at that assessment.
            [Note 1: For certain conduct in relation to information infrastructure or services, action may be taken under the Information Infrastructure and Services Rule.]
            [Note 2: For the effect of a denial of access or exclusion from an assessment, see sections 39 (Denial of access) and 40 (Exclusion from assessment).]

(3)    However, the Vice-Chancellor may, under this section, deny the respondent access to facilities, premises or activities only if the Vice-Chancellor considers:

(a)    that the respondent's conduct has caused serious harm, or is of a nature that presents a significant risk of serious harm, to the health, safety or wellbeing of any person; or

(b)    that the respondent's continued access to the facilities, premises or activities otherwise presents a significant risk of serious loss, damage or other harm (including reputational harm) to the University or its students, staff or property.

(4)    Also, the Vice-Chancellor may, under this section, exclude the respondent from attendance at an examination or other assessment only if the Vice-Chancellor considers that the exclusion is necessary to preserve:

(a)    the integrity of the assessment; or

(b)    order and decorum at the place of the assessment.

(5)    For this section and to remove any doubt, an inquiry has been completed only when its findings and decisions have been finalised under this instrument and, if applicable, the Appeals Rule.