Document ID: chunk:federal_register_of_legislation:F2021L00997:reg:45
Version: federal_register_of_legislation:F2021L00997
Segment Type: reg
Provision Reference: reg 45
Character Range: 56588–57920

45      Inquiry process: inquiry hearing

(1)    At the hearing of the inquiry, the student:

(a)    may appear in person; and

(b)    if the student appears in person at the inquiry—may present oral or written statements to the inquiry (including written statements made by another person); and

(c)    if the student appears in person at the inquiry—may be accompanied by another person nominated by the student who may:

(i)    observe the proceedings; and

(ii)    with the express approval of the inquiry officer, act as advocate.

            [Note: If the inquiry is conducted by a panel, the reference in paragraph (c)(ii) to the inquiry officer is a reference to the Chair of the panel (see section 38(5)(c) (Inquiry panel to conduct inquiry)).]

(2)    Subsection (1) is subject to section 46 (Inquiry process: remote participation by student etc.).
            [Note: If the student participates in the inquiry under a permission or requirement under section 46(2), the student is taken to have appeared in person at the inquiry (see section 46(5)).]

(3)    The student must be given the opportunity at the inquiry to comment on the material in the inquiry officer's possession on which the inquiry officer intends to rely.

(4)    The hearing of the inquiry may be adjourned from time to time and from place to place.