Document ID: chunk:federal_register_of_legislation:F2021L00998:reg:16
Version: federal_register_of_legislation:F2021L00998
Segment Type: reg
Provision Reference: reg 16
Character Range: 27429–30322

16      Interim action by prescribed authority

(1)    This section applies if the prescribed authority is satisfied that the respondent is likely to have engaged in conduct that is misconduct.
[Note: See also section 17 (Interim action by prescribed authority: procedure and review).]

(2)    Subject to subsections (4) and (5), the prescribed authority 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, for 20 working days (the denial of access period); 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, by written notice given to the respondent, extend the denial of access period:

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

(b)    until an inquiry has been completed into the conduct.

(4)    The prescribed authority may, under this section, deny the respondent access to facilities, premises or activities, and the Vice-Chancellor may extend the denial of access period, only if the prescribed authority or 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.

(5)    The prescribed authority may, under this section, exclude the respondent from attendance at an examination or other assessment only if the prescribed authority 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.

(6)    If the prescribed authority takes action under this section in relation to the respondent, the prescribed authority must, as soon as possible, report the action taken, and the circumstances relating to it, to the Vice-Chancellor.

(7)    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.