Document ID: chunk:federal_register_of_legislation:F2021L00998:reg:34:p1
Version: federal_register_of_legislation:F2021L00998
Segment Type: reg
Provision Reference: reg 34 (pt 1/2)
Character Range: 51817–54797

34      Action by prescribed authority after finding of misconduct

(1)    This section applies if the prescribed authority finds that the respondent has engaged in conduct that is misconduct.

(2)    The prescribed authority may do 1 or more of the following:

(a)    decide to take no action;

(b)    reprimand the respondent;

(c)    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 a specified period of no longer than 12 months;
[Note: For the effect of a denial of access, see section 39 (Denial of access).]

(d)    suspend the candidature or enrolment of the respondent in a program or course in which the respondent is admitted or enrolled, and prohibit the resumption of candidature or enrolment, for a specified period of no longer than 12 months;
[Note: See section 42 (Suspension of student).]

(e)    determine the conditions under which the respondent may attend classes or lessons, use any facility of the University, or otherwise continue with the respondent's studies or research program;
[Note: For conditions under paragraph (e), requirements under paragraph (f) or undertakings under paragraph (g), see section 41 (Requirements, conditions and undertakings).]

(f)    require the respondent to apologise, or take the other action the prescribed authority considers appropriate, with a view to mitigating the effect of the misconduct;

(g)    accept an undertaking from the respondent, including, for example, an undertaking to attend University Counselling (or another appropriate counselling provider) to address behavioural issues;

(h)    tell any relevant professional, government or other organisation or agency about the finding and any action taken in relation to it;

(i)    refer the matter to the Vice-Chancellor, if the prescribed authority considers that the misconduct should be dealt with by the Vice-Chancellor.

(3)    In deciding what action (if any) should be taken in relation to respondent, the prescribed authority must take all relevant matters into account, including, for example, the following:

(a)    the nature and severity of the respondent's misconduct;

(b)    the effect of the misconduct, including any loss, damage or harm caused to the University or its students, staff or property;

(c)    the objectives of punishment, deterrence and rehabilitation;

(d)    the health and safety of students and staff of the University, and the protection of University property.

(4)    Without limiting subsection (3), the prescribed authority may, for example, take into account any other finding of misconduct made in relation to the respondent and the action (if any) taken in relation to that finding.

(5)    If the prescribed authority exercises powers under this section in relation to the respondent, the prescribed authority must report the action