Document ID: chunk:federal_register_of_legislation:F2023L00984:reg:19
Version: federal_register_of_legislation:F2023L00984
Segment Type: reg
Provision Reference: reg 19
Character Range: 12472–14574

19      Hearing procedure

(1)    At the hearing of the application for review:

(a)    the procedure to be followed is, subject to this Part, at the discretion of the Appeals Committee; and

(b)    the Appeals Committee:

(i)    may inform itself on any matter in relation to the review in any way it considers appropriate; and

(ii)    is bound by the rules of procedural fairness but is not bound by rules of evidence; and

(iii)    must take into account any submission made by the student or the Registrar.

(2)    At the hearing of the application for review, the Registrar may:

(a)    appear in person or, with the express approval of the Chair of the Appeals Committee, through an advocate; and

(b)    call and question witnesses; and

(c)    make written or oral submissions.
            [Note 1: The Registrar may delegate the function of appearing in person and other functions under this subsection (see Governance Statute, section 67 (Delegation and subdelegation of functions of other University officials)).]
            [Note 2: A function exercised by a delegate (or subdelegate) of the Registrar is taken to have been exercised by the Registrar (see Acts Interpretation Act, section 34AB(1)(c)).]

(3)    The hearing of evidence by the Appeals Committee may be adjourned from time to time and from place to place.

(4)    Unless the Appeals Committee otherwise directs, a person is not entitled to be present at the hearing of the application for review unless the person is:

(a)    a member of the Appeals Committee; or

(b)    the Registrar or an advocate for the Registrar; or

(c)    the student or the person nominated by the student under section 20(2) (Student's rights on review); or

(d)    the Secretary to the Appeals Committee; or

(e)    a person giving evidence before the Appeals Committee; or

(f)    a person appointed under section 13(7) (Appeals Committee) to assist the Appeals Committee.

(5)    The hearing of the application for review is not ineffective only because of a formal defect or irregularity in the convening or conduct of the Appeals Committee.