Document ID: chunk:federal_register_of_legislation:F2021L00998:reg:21:p1
Version: federal_register_of_legislation:F2021L00998
Segment Type: reg
Provision Reference: reg 21 (pt 1/2)
Character Range: 35833–38623

21      Notice of decision to conduct inquiry: Vice-Chancellor

(1)    This section applies if the Vice-Chancellor decides to deal with the respondent's conduct under section 20(3)(b) or (c) (Effect of decision whether to take action: Vice-Chancellor).

(2)    Within 5 working days after the day the decision is made, the Vice-Chancellor must give the respondent a written notice that tells the respondent about the decision.
            [Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]

(3)    Without limiting subsection (2), 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 25 (Inquiry process: purpose of inquiry).]

(c)    state the name of the person who is to conduct the inquiry (unless paragraph (d) applies); and

(d)    if a panel has been appointed under section 20(3)(b) to conduct an inquiry into the conduct on behalf of the Vice-Chancellor—subject to subsection (6), tell the respondent about the appointment of the panel and the names of the members of the panel; and

(e)    include, or be accompanied by, copies of the material in the Vice-Chancellor's possession on which the person or panel conducing the inquiry may rely in the inquiry; and

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

(4)    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 person or panel conducting the inquiry is not bound by rules of evidence; and

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

(c)    the respondent may apply to the presiding officer for permission for the respondent, or for a person nominated by the respondent to accompany the respondent, 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 presiding officer; and

(d)    if the respondent 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 respondent; and

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

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