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Part 5 - General

Statute 10 Student Conduct and Discipline


10.28 Confidentiality
10.29 Extension of time limits
10.30 Consequences of issue of allegation notice
10.31 Notice
10.32 Undischarged penalties
10.33 Maintenance of records


10.28 Confidentiality

Any person or committee who exercises any power or carries out any function under this Statute must treat the subject matter in strict confidence, except as necessary for the discharge of that persons responsibilities or as otherwise required by law.

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10.29 Extension of time limits

10.29.1 The Vice-Chancellor or Deputy Vice-Chancellor (Administration and Resources), may in his/her discretion extend any of the time limits prescribed for the taking of any actions or steps referred to in this Statute for such period and on such terms, if any, as he/she considers appropriate.

10.29.2 The Designated Officer, the chairperson of the Discipline Committee or the chairperson of the Discipline Appeals Committee, as appropriate, may agree in writing with the student at any time to extend the time limits referred to in this Statute or to reschedule the date, time and place for a hearing, with consequential adjustment to the associated timelines.

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10.30 Consequences of issue of allegation notice

If a student has been given an allegation notice, the University may withhold

  1. any assessment results or final grades;
  2. the outcome of any application for credit;
  3. approval for the student to graduate or receive any statement indicating eligibility to graduate or to receive a diploma or certificate of the University
until the proceedings (including any appeal) are finalised

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10.31 Notice

10.31.1 A notice to a student is sufficient if it is in writing and is -

  1. given to the student in person;
  2. posted by registered post or delivered by courier to the student -
    1. at the semester address shown on the student's most recent enrolment, if posted during a semester;
    2. at the home address shown on the students most recent enrolment, if posted during a vacation; or
    3. at the students residential or business address last known to the person or body giving the notice; or
  3. transmitted by facsimile to a number provided by the student as being identified with the relevant address.

10.31.2 Any notice is deemed to have been received

  1. if sent by registered post to an address within Australia, on the third working day after it was sent;
  2. if sent by registered post to an address outside Australia, on the seventh working day after it was sent;
  3. if delivered by courier, on the date recorded in the couriers records as the date of delivery;
  4. if sent by facsimile, no later than 48 hours from the date and time at which it was sent.

10.31.3 By agreement with the student, the University may use email as a means of communication. In such circumstances any notice sent by email is deemed to have been received no later than 48 hours from the date and time at which it was sent.

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10.32 Undischarged penalties

10.32.1 While any penalty imposed under this Statute remains outstanding, unfulfilled or unpaid, or while a student is suspended or excluded from any campus or site, the student is not entitled, without the written consent of the Vice-Chancellor or Deputy Vice-Chancellor (Administration and Resources), to

  1. enrol;
  2. receive any results of assessment;
  3. receive or be granted credit for any course or unit; or
  4. graduate or receive any statement indicating eligibility to graduate or receive a diploma or certificate of the University.

10.32.2 While a student is suspended he/she must not, without the prior written consent of the Vice-Chancellor or Deputy Vice-Chancellor (Administration and Resources)

  1. attend any class;
  2. sit any examination;
  3. submit any work for assessment;
  4. gain any credit;
  5. access the whole or nominated parts of any campus or site or any of the Universitys library, computing and network or other facilities or services;
  6. be reimbursed any fees paid, or be relieved of responsibility to pay any fees payable, by the student in relation to any such period; or
  7. be re-enrolled.

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10.33 Maintenance of records

10.33.1 The Deputy Vice-Chancellor(Administration and Resources), must keep a record of all findings of misconduct and the penalties imposed under this Statute. These records will form part of the Universitys disciplinary records and part of the students file which may be made available

  1. to persons within the University if, in the opinion of the Deputy Vice-Chancellor (Administration and Resources), they have a legitimate need to know; and
  2. to persons outside the University in response to
    1. a written request by the Police if they are investigating the conduct in question or a related matter;
    2. a court order or subpoena; or
    3. a request by another higher education provider or affiliated residential facility of such a provider if, in the opinion of the Deputy Vice-Chancellor (Administration and Resources), they have a legitimate need to know.

10.33.2 Where the student is found guilty of the alleged misconduct, the following documentation will be maintained on the students file:

  1. a copy of the allegation notice sent to the student;
  2. a copy of the students response (if any);
  3. a copy of the notice of decision forwarded to the student;
  4. a copy of any student appeal;
  5. a copy of the notice of decision on any appeal.

If the student is found not guilty, either on the initial hearing or on appeal, no documentation regarding the matter will be placed on the individual students file.

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