University of Sydney By-law 1999 (as amended)
Chapter 1 – Preliminary
Chapter 2 – Making rules
Chapter 3 – Chancellor and Deputy Chancellor
Chapter 4 – Election of Fellows of the Senate
Chapter 4A – Appointed Fellows of the Senate
Chapter 5 – Vice-Chancellor
Chapter 6 – Academic Governance
Chapter 7 – Convocation
Chapter 8 – Student discipline
Chapter 9 – Miscellaneous
University of Sydney By-law 1999 (as amended)
Chapter 1: Preliminary
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official University notice board means a notice board (including any electronic notice board) designated as such by the Senate.
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Registrar means the Registrar of the University or a member of the staff of the University nominated by the Registrar to exercise any of the Registrar’s functions under this By-law.
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Secretary means the Secretary to Senate of the University or a member of the staff of the University nominated by the Secretary to exercise any of the Secretary’s functions under this By-law.
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student means a person who is currently admitted to candidature in an award course of the University.
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(a) a board, committee or other body established within the University means the board, committee or other body established by that name within the University, and
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(b) an officer of the University means the incumbent of that position from time to time (including any person acting in that capacity), and
Chapter 2: Making rules
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(1) The Senate may make rules, not inconsistent with the Act or this By-law, for or with respect to any matter for which by-laws may be made, except those matters referred to in section 37(1) of the Act.
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(2) The Vice-Chancellor may make rules, not inconsistent with the Act or this By-law, for or with respect to the direction and management of the administrative, financial and other business of the University.
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(3) The University Librarian may make rules, not inconsistent with the Act or this By-law, for or with respect to any matter concerning the management of any University library, including:
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(c) determining the category or categories of persons eligible to borrow items or use facilities of a University library.
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(4) The Academic Board may make rules, not inconsistent with the Act or this By-law, for or with respect to the meeting procedures of the Academic Board.
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(1) A rule must be displayed on all official University notice boards for at least 24 hours after it is made.
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(1) If there is any inconsistency between a rule made by the Senate and a rule made by another person or body empowered to make rules under this By-law, then the rule made by the Senate prevails to the extent of that inconsistency.
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(2) If there is any inconsistency between a rule made by the Vice-Chancellor and a rule made by the University Librarian, then the rule made by the Vice-Chancellor prevails to the extent of that inconsistency.
Division 1 – Chancellor
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(1) Subject to section 10 of the Act, an election to the office of Chancellor must take place at an ordinary meeting of the Senate held between 1 January and 31 May:
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(2) A Chancellor holds office for a term of four years, commencing on 1 June following election, and is eligible for re-election.
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(2A) It is a condition on which the Chancellor holds office that he or she retains the confidence of the Senate and the Chancellor shall cease to hold office if the Senate decides, by resolution passed at two consecutive ordinary meetings of the Senate, that the Chancellor does not have the confidence of the Senate.
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(3) Elections for Chancellor are to be held in accordance with those procedures prescribed by resolution of the Senate for an election to the office of Chancellor.
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(1) If a casual vacancy in the office of Chancellor occurs, the Senate must elect a successor at the second regular meeting of the Senate after that vacancy occurs in accordance with any procedures prescribed by resolution of the Senate for an election to the office of Chancellor.
Division 2 – Deputy Chancellor
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(1) Subject to section 11 of the Act, an election to the office of Deputy Chancellor must take place at an ordinary meeting of the Senate held:
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(2) The Deputy Chancellor holds office until his or her successor is elected, and is eligible for re-election.
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(2A) It is a condition on which the Deputy Chancellor holds office that he or she retains the confidence of the Senate and the Deputy Chancellor shall cease to hold office if the Senate decides, by resolution passed at two consecutive ordinary meetings of the Senate, that the Deputy Chancellor does not have the confidence of the Senate.
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(a) the Deputy Chancellor holding office at the date on which that subclause comes into effect, and
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(3) Elections for Deputy Chancellor are to be held in accordance with those procedures prescribed by resolution of the Senate for election to the office of Deputy Chancellor.
Division 3 – Miscellaneous
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(b) a faculty or board (other than a Student Proctorial Board convened under Chapter 8) within the University,
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and, while so presiding, has the powers and duties of the presiding officer of (as the case may be) that committee, faculty or board.
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(a) the Chancellor is not present at a meeting, or does not wish or is unable to preside at the meeting, or
Division 1 – Preliminary
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(a) in the case of a postal ballot, the date and time by which the ballot papers must be returned to the returning officer, and
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(b) in the case of an electronic ballot, the date and time by which the electronic ballot form must be submitted to the returning officer via the election website.
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election website means a secure internet site approved or managed by the returning officer for the purposes of an electronic ballot.
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exhausted ballot paper means a ballot paper containing votes which can no longer be allocated according to the procedure in (as the case may be) Division 6 or 7, and which is to be set aside as having been finally dealt with.
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(a) in the case of elections to fill one position only under Division 6 – votes on ballot papers or electronic votes marked '1', and
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(b) in the case of elections to fill more than one position under Division 7 – votes on a ballot paper or an electronic vote marked '1', '2' and so on up to the number of positions to be filled.
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(1A) The returning officer is to take all reasonable steps to ensure the fairness and integrity of the election process.
Division 2 – Rolls and provisional voting
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(1) The returning officer must, for the purposes of elections, establish and maintain separate Rolls for each of the following categories:
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(a) a Roll of academic staff containing the names and addresses of the full-time and part-time members of the academic staff of the University,
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(b) a Roll of non-academic staff containing the names and addresses of the full-time and part-time members of the non-academic staff of the University,
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(c) a Roll of undergraduate students containing the names and addresses of persons enrolled in an undergraduate award course of the University,
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(d) a Roll of postgraduate students containing the names and addresses of persons enrolled in a postgraduate award course of the University,
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(e) a Roll of graduates containing the names and addresses of graduates of the University as defined in section 3(2) of the Act.
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(2) For the purposes of subclause (1)(a) and (b), a person who is engaged as a casual member of the academic or non-academic staff is not entitled to have his or her name entered on the relevant Roll.
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(2A) A person is not entitled to have his or her name entered on the Roll of undergraduate students or the Roll of postgraduate students unless the person has completed, to the satisfaction of the University, all requirements for enrolment or re-enrolment in the award course concerned.
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(3) A copy of the relevant Roll must be available for inspection at the office of the returning officer during the University's usual business hours for at least 14 days before the date on which the election is due to be held.
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(a) correcting any mistake or omission in the details of any eligible voter entered on that Roll, or
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(b) altering, on the written application of any eligible voter, the name or address of the person entered on that Roll, or
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(d) removing the superfluous entry where the name of the same eligible voter appears more than once on the Roll, or
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(e) reinstating the name of an eligible voter removed from the Roll, where the returning officer is satisfied that such person is still entitled to be entered on the relevant Roll.
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(5) Notwithstanding subclause (4), a Roll is not invalid because any one or more of the following events occurs in connection with that Roll:
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(a) the Roll contains any mistake or omission in the details of any eligible voter entered on that Roll,
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(1) This clause applies to a person who claims he or she is entitled to vote in an election even though:
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(a) the person's name cannot be found on the Roll for the election for which the person is claiming an entitlement to vote, or
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(b) the person's name is on the Roll for the relevant election, but his or her address is incorrect, or does not appear on that Roll, or
Division 3 – Qualifications for election and terms of office
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For the purposes of section 9(1)(d) of the Act, a person is eligible for election as an academic staff Fellow if that person's name appears on the Roll of academic staff members at the time for close of nominations specified in the notice of ballot.
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For the purposes of section 9(1)(e) of the Act, a person is eligible for election as a non-academic staff Fellow if that person's name appears on the Roll of non-academic staff members at the time for close of nominations specified in the notice of ballot.
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For the purposes of section 9(1)(f) of the Act, a person is eligible for election as an undergraduate student Fellow if:
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For the purposes of section 9(1)(g) of the Act, a person is eligible for election as a postgraduate student Fellow if:
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For the purposes of section 9(1)(h) of the Act, a person is eligible for election as a graduate Fellow if:
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(b) the person is not a member of the academic or non-academic staff of the University or an undergraduate or a postgraduate student of the University,
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(a) in the case of a Fellow elected to hold office on and from 1 December 2005, until and including 31 May 2007, and
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(a) in the case of a Fellow elected to hold office on and from 1 December 2005, until and including 31 May 2007, and
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(3) A Fellow elected pursuant to section 9(1)(f) or (g) of the Act holds office for a term of one year on and from 1 December following election.
Division 4 – Commencement of election procedures
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(a) no less than 14 days between the date on which publication of a notice of ballot occurs and the date on which nominations close, and
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(b) no more than 28 days between the date on which nominations close and the date of issue of ballot material, being:
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(i) in the case of a postal ballot, the date of issue of ballot papers by the returning officer, and
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(ii) in the case of an electronic ballot, the date on which instructions on how to access the electronic ballot and complete an electronic ballot form are sent to voters by the returning officer, and
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(c) no less than 14 days between the date of issue of ballot material and the closing date of the ballot.
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(2) The returning officer may decide whether the election is to be conducted by a postal ballot or an electronic ballot.
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(3) In the case of an electronic ballot, the returning officer may make alternative arrangements for eligible voters who are unable to take part in an electronic ballot to vote in the election.
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(4) If there is any technical malfunction in respect of an electronic ballot, the returning officer may determine that the election is to be held again by a postal ballot or another electronic ballot.
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(b) if the election is for a graduate Fellow elected pursuant to section 9(1)(h) of the Act, by publishing a copy of the notice of ballot in at least two daily newspapers published in Sydney.
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(l) any other information about the election that the returning officer decides is appropriate to be included,
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(1) A separate nomination form must be completed for each nominee and for each category in which that person is nominated.
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(2) Each person who nominates another for election must be eligible to vote in that election. A person cannot nominate himself or herself for election.
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(a) a statement to the effect that section 26F of the Act provides that each Fellow has the duties set out in Schedule 2A of the Act and may be removed from office by the Senate in accordance with section 26G of the Act for a breach of such a duty, and
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(b) an acknowledgment to be signed by the person nominated that the person has read sections 26F and 26G of, and Schedule 2A to, the Act and understands the effect of those provisions.
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(3A) Each nomination form must contain the written consent of the person nominated and an acknowledgment (as referred to in subclause (3)(b)) signed by the person nominated.
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(4) A person cannot nominate more than one person in any election. If this occurs, the returning officer is to treat the first signed nomination form received as the valid nomination for that election.
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(5) At the time of nomination, the nominee may provide a statement of no more than 100 words containing any of the following information:
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(6) The returning officer may edit any information provided by a nominee under subclause (5). Edited statements will be printed as a summary of information and distributed with ballot papers.
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Each nomination for the election of a Fellow must be proposed in the nomination form by at least 2 persons who are eligible to vote in the relevant election.
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The returning officer must reject a nomination paper if satisfied that the nomination does not comply with the requirements of any of clauses 28, 29 or 30. If a nomination is rejected, then the returning officer must, within seven days of receiving that nomination, send or deliver a notice to each person who has signed or endorsed that nomination paper that the nomination has been rejected.
Division 5 – Conduct of ballot – general
Division 5A –Conduct of postal ballot
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(b) the names of all candidates for election, arranged in an order determined by drawing lots, and
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(2) The returning officer must send the following to each voter on the relevant Roll, at the voter's address as listed on the Roll:
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(d) a declaration form requiring the voter to state his or her name and that he or she is eligible to vote,
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(e) 2 envelopes, one marked 'Voting Paper' and the other a returning envelope addressed to the returning officer.
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(1) Voters must vote by marking the ballot paper with the numbers 1, 2, 3 and so on, next to the name of each candidate, in order of preference.
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(a) must express their order of preference for a number of candidates at least equal to the number of vacancies to be filled, and
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(b) may express their order of preference for as many of the other candidates as have been nominated.
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(b) enclose and seal that envelope in the returning envelope addressed to the returning officer, together with the signed declaration of eligibility to be given under clause 35(2)(d), and
Division 5B – Conduct of electronic ballot
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This Division applies if the returning officer decides to conduct an election by electronic ballot
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The returning officer must send to each voter on the relevant Roll, at the voter’s email or residential address, instructions on how to access the electronic ballot and complete an electronic ballot form, including the internet address of the election website.
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(3) The election website may require voters to verify their eligibility to vote and their identity.
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(1) Voters must vote by completing the electronic ballot form on the election website, in accordance with the instructions on the election website, so as to indicate their preference for the candidates.
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(a) must express their order of preference for a number of candidates at least equal to the number of vacancies to be filled, and
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(b) may express their order of preference for as many of the other candidates as have been nominated.
Division 5C – Procedures after election is conducted
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(2) Notwithstanding subclause (1) and without limiting any of the returning officer’s other powers, the returning officer may at any time declare an election invalid because, in his or her opinion, one or more of the events described in that subclause has materially affected, or is likely to materially affect, the outcome of that election.
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(1) Each candidate for election may appoint one person to be present as that candidate’s scrutineer at any counting of votes for that election. Any appointment under this clause must be in writing, signed by the candidate, and given to the returning officer before counting of votes commences.
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(3) In the case of a postal ballot, a scrutineer may inspect any ballot paper provided that, in the opinion of the returning officer, that scrutiny does not delay the counting of votes unreasonably.
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(4) In the case of an electronic ballot, a scrutineer may inspect any report or record from any electronic database or retrieval system containing electronic votes used in the electronic ballot, provided that, in the opinion of the retuning officer, that scrutiny does not delay the counting of votes unreasonably.
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(1) In the case of a postal ballot, a ballot paper is informal if, and only if that ballot paper:
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(a) contains any mark or writing that, in the opinion of the returning officer, enables any person to identify the voter, or
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(c) in the opinion of the returning officer, contains no vote, or does not include a vote for a number of candidates at least equal to the number of vacancies to be filled.
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(2) In the case of an electronic ballot, an electronic vote is informal if, and only if, in the opinion of the returning officer, it does not include a vote for a number of candidates at least equal to the number of vacancies to be filled.
Division 6 – Procedures for election to fill one position only
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In an election to fill one position only, the returning officer must follow the following procedure for counting votes, in the order specified:
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(c) enter the total number of primary votes for each candidate next to that candidate’s name on the tally sheet,
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(d) if a candidate receives an absolute majority of primary votes, declare that candidate elected,
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(e) if no candidate receives an absolute majority of primary votes, distribute secondary votes according to paragraphs (f) to (l) inclusive until one candidate receives an absolute majority of votes,
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(g) for each ballot paper or electronic vote where the excluded candidate received a primary vote, allocate the next active secondary vote to the remaining candidates,
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(h) indicate on the tally sheet the excluded candidate and that the next active secondary vote has been allocated,
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(i) add together the primary votes and the allocated secondary votes for each remaining candidate, and exclude the candidate with the lowest number of total votes,
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(j) if, after the exclusion of a candidate, the next active secondary vote is to an excluded candidate, disregard that secondary vote and distribute the next active secondary vote,
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(k) repeat the process described in paragraphs (f) to (j) inclusive until one candidate receives an absolute majority of votes,
Division 7 – Procedures for election to fill more than one position
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In an election to fill more than one position, the returning officer must follow the following procedure for counting votes, in the order specified:
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(c) enter the total number of primary votes for each candidate next to that candidate's name on the tally sheet,
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(e) for each ballot paper or electronic vote where the excluded candidate received a number 1 vote, allocate the next active secondary vote to the remaining candidates,
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(f) indicate on the tally sheet the excluded candidate and that the next active secondary vote has been allocated,
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(g) add together the primary votes and the allocated secondary votes for each remaining candidate and exclude the candidate with the lowest number of total votes,
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(h) if, after the exclusion of a candidate, the next active secondary vote indicates an excluded candidate, disregard that preference and allocate the next active secondary vote,
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(i) repeat the process described in paragraphs (d) to (h) inclusive until only the number of candidates required to fill the vacancies remain,
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(j) if on any count, two or more candidates have an equal number of votes and that number is the lowest on that count, the returning officer must:
Division 8 – Casual vacancies for elected Fellows
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(1) If a casual vacancy in the office of a Fellow elected pursuant to section 9(1)(d) or (e) of the Act occurs on or before the last six months of the end of that Fellow's term of office:
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(a) that vacancy must be filled by the candidate at the immediately preceding election who, in the vote counting process at the election, was the last remaining candidate for election aside from the person who was declared elected, and who remains eligible to be elected, or
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(2) If a casual vacancy in the office of a Fellow elected pursuant to section 9(1)(d) or (e) of the Act occurs within the last 6 months of that Fellow's term, the Senate must fill the vacancy by appointing a person qualified to hold that office.
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(1) If a casual vacancy in the office of a Fellow elected pursuant to section 9(1)(f) or (g) of the Act occurs within the first six months of that Fellow's term, an election must be held.
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(2) If a casual vacancy in the office of a Fellow elected pursuant to section 9(1)(f) or (g) of the Act occurs within the last six months of that Fellow's term, the Senate must fill the vacancy, by no later than the date of the second meeting of the Senate after that casual vacancy occurs, by appointing a person qualified to hold that office, and only after first consulting the relevant student body or bodies recognised by the Senate.
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(1) If a casual vacancy in the office of a Fellow elected pursuant to section 9(1)(h) of the Act occurs and that vacancy is the first or second vacancy occurring during the term of office for which that Fellow was elected, that vacancy must be filled by the candidate at the immediately preceding election who was the last candidate to be excluded, and who remains eligible to be elected.
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(2) If a casual vacancy in the office of a Fellow elected pursuant to section 9(1)(h) of the Act occurs and that vacancy:
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(a) is the third or subsequent vacancy occurring during the term of office for which that Fellow was elected, and
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(3) If a casual vacancy in the office of a Fellow elected pursuant to section 9(1)(h) of the Act occurs and that vacancy:
Chapter 4A: Appointed Fellows of the Senate
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(e) 3 Fellows who are external persons (within the meaning of section 9(9) of the Act), appointed to the Committee by the Senate.
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(2) Despite subclause (1), the Nominations Committee may be constituted in accordance with a resolution of the Senate passed by a majority of the number of Fellows present and voting at a meeting of the Senate of which at least seven days'notice has been given.
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(1) If the Senate is required to make a nomination as referred to in section 9(1)(b) of the Act or intends to make a nomination as referred to in section 9(2) of the Act, the Senate is to request the Nominations Committee to identify persons who may be suitable for nomination.
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(2) If the Senate is required to appoint a person under section 9(1)(c) of the Act, the Senate is to request the Nominations Committee to identify persons who may be suitable for appointment.
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(a) to determine which of the persons identified under subclause (1) or (2) are to be recommended to the Senate:
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(4) In determining the persons to be recommended under subclause (3)(a), the Committee is to have regard to:
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(b) is to determine which of the recommended persons are to be nominated for appointment and may select one or more other persons for nomination in place of one or more of the recommended persons, and
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(i) in the case of the persons referred to in paragraph (c)(i), the recommended length of appointment for each such person, or
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(ii) in the case of the persons referred to in paragraph (c)(ii), the length of appointment for each such person.
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(6) The Senate is, when selecting a person for nomination other than a person recommended by the Nominations Committee, to have regard to the matters referred to in subclause (4)(a) and (b).
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(7) The Chancellor is to forward the determinations referred to in subclause (5)(c)(i) and (d)(i) to the Minister.
Chapter 5: Vice-Chancellor
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(1) The Vice-Chancellor is responsible for promoting the interests and furthering the development of the University.
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(2) The Vice-Chancellor is, under the Senate and subject to this By-law or any rule or resolution of the Senate, to:
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(a) manage and supervise the administrative, financial and other business of the University, and
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(b) collect and prepare for the Senate and Finance Committee of the Senate all information required by those bodies about the administration, finance and other business of the University, and
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(c) consult with and advise the Senate and its committees, the Academic Board, and all other University boards, faculties, committees, professors and heads of department, and
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(e) subject to any delegations of authority approved by the Senate, apportion administrative authority throughout the University, and
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(f) exercise supervision over the discipline of the University, in accordance with and subject to any law or rule dealing with discipline or misconduct of staff or students, and
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(g) give effect to this By-law, any rules, or any resolutions made, or reports adopted, by the Senate, and
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(h) have such functions of the Senate as the Senate may, from time to time, delegate to the Vice-Chancellor.
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(a) is, ex officio, a member of every board, faculty or committee, except a Student Proctorial Board convened under Chapter 8, and
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(4) Nothing in this Chapter affects the precedence or authority of the Chancellor or the Deputy Chancellor.
Chapter 6: Academic Governance
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(a) is to comprise at least 18 members and (subject to this clause) to consist of the membership prescribed by rules made by the Senate, and
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(b) at least nine are to be academic staff members, of whom at least four are to be professors, and at least four are not to be professors, and
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(3) For the purposes of section 17 of the Act, the Academic Board is prescribed as a body to which the Senate may delegate its functions.
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academic staff member means a person who is employed as a member (other than a casual staff member) of the academic staff of the University.
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enrolled student means a person (other than a person who is an academic staff member) who is enrolled as a student in an award course of the University.
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(2) Expressions used in any rule relating to election procedures for the Academic Board have the same meaning as they have in this Chapter.
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(3) In any election fro the Academic Board, the question of whether a person is an academic staff member or an enrolled student is to be determined at the time of the close of nominations for the election concerned, as specified in the notice of ballot for the election.
Division 1 – Preliminary
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Appeals Committee means the Student Disciplinary Appeals Committee established pursuant to clause 78(1).
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(a) conduct on the part of a student which is prejudicial to the good order and government of the University or impairs the reasonable freedom of other persons to pursue their studies or research in the University or to participate in the life of the University, and
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(b) refusal by a student to give satisfactory particulars of the student's identity in response to a direction to do so by a prescribed officer and any other form of wilful disobedience to a reasonable direction of a prescribed officer.
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prescribed officer means a member of the staff of the University who is designated as a prescribed officer by a resolution of the Senate.
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University grounds includes all land, buildings and other property owned, leased or otherwise used by the University.
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(1) A prescribed officer must, before giving a direction to a student, state to the student the officer's name and official position or rank.
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(a) delivered to or left for the person at the address of the person as last known to the Registrar, or
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(b) posted by prepaid registered mail to the person at the address of the person as last known to the Registrar,
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and is to be taken to have been given to the person when it has been so delivered or left or at the expiration of two days after it has been so posted.
Division 2 – Suspension of students
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If, in the opinion of the Vice-Chancellor, a Deputy Vice-Chancellor, a Pro-Vice-Chancellor or a Deputy Principal:
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that officer may, for the purpose of halting or preventing misconduct, suspend the student from entering the University grounds or any part of those grounds for a period not exceeding seven days.
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(a) the behaviour of a student in the member's class or during other work supervised by the member amounts to misconduct, or
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(b) there is an imminent threat of misconduct by a student in the member's class or during other work supervised by the member,
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the member may, for the purpose of halting or preventing misconduct, suspend the student from attending the member's classes or other supervised work for a period not exceeding seven days.
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(2) A member of the academic staff who has imposed a period of suspension under subclause (1) exceeding 24 hours must immediately report the suspension and circumstances of the suspension to:
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(b) unless the suspension was imposed by the Head of a Department or School, to the Head of the member's Department or School.
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(1) If, in the opinion of the University Librarian or a member of the Library staff nominated by the University Librarian for the purpose of this subclause:
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(a) the behaviour of a student in a library of the University or in relation to any property of the Library amounts to misconduct, or
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(b) there is an imminent threat of misconduct by a student in a library of the University or in relation to any property of the Library,
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the University Librarian or nominated member of the Library staff may, for the purpose of halting or preventing misconduct, suspend the student from the use of or entry to all or any of the libraries of the University for a period not exceeding seven days.
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(2) The University Librarian or a nominated member of the Library staff who has imposed a period of suspension under subclause (1) exceeding 24 hours must immediately report the suspension and circumstances of the suspension to:
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(a) the behaviour of a student in, or in respect of, an examination or other test amounts to misconduct, or
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(b) there is an imminent threat of misconduct by a student in, or in respect of, an examination or other test,
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the Registrar or the member of the academic staff may, for the purpose of halting or preventing misconduct, suspend the student from sitting for the examination or test.
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(2) A person who has imposed a suspension under subclause (1) must immediately report the suspension and circumstances of the suspension:
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(a) unless the suspension was imposed by the Head of the Department or School within which the examination or test was held, to the Head of that Department or School, and
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A suspension imposed under clause 56, 57(1), 58(1) or 59(1) in respect of conduct alleged to be misconduct does not prevent any subsequent action against the student in respect of the conduct.
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(b) extend a suspension of a student, from entering the University grounds or any part of those grounds,
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for the purpose of halting or preventing misconduct by the student pending an inquiry into, or disciplinary proceedings in respect of, alleged misconduct by the student but no such suspension is to be imposed, extended or continued unless, in the opinion of the Vice-Chancellor, it is reasonably necessary to do so.
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(2) If, in respect of certain conduct, a student is suspended under this Chapter for a period exceeding 24 hours and:
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(a) no subsequent proceedings in respect of the conduct are taken against the student within a reasonable time after the suspension, or
Division 3 – Complaints, investigations and summary proceedings
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(1) Any member of the University staff or any student may, by written complaint, inform the Registrar of any conduct by a student which the member or student considers to be misconduct.
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(a) must, upon receipt of a complaint referred to in subclause 0. (1), make a recommendation to the Vice-Chancellor as to whether, in the Registrar's opinion, the conduct which is the subject of the complaint warrants investigation, and
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(b) may, without having received any such complaint, make a recommendation to the Vice-Chancellor that conduct by a student which the Registrar alleges to be misconduct warrants investigation.
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(3) Upon receipt of a recommendation referred to in subclause (2) in respect of conduct by a student, the Vice-Chancellor may, whether or not the Registrar has recommended an investigation of the conduct:
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(4) In making the investigation referred to in subclause (3)(b), the Registrar has power to require any member of the University staff or any student to appear before the Registrar with a view to assisting the investigation, but no person appearing is obliged to answer any question.
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(5) Upon completion of an investigation in relation to an allegation of misconduct by a student, the Registrar is to make a recommendation to the Vice-Chancellor:
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(c) that the allegation of misconduct be heard and determined by the Vice-Chancellor or a Student Proctorial Board.
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(6) Upon receipt of a recommendation referred to in subclause (5) in relation to action to be taken in respect of an allegation of misconduct by a student, the Vice-Chancellor may, whether or not it is in accordance with the recommendation:
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(c) refer the allegation of misconduct to the Chair of the Panel or, unless the Registrar recommended that no action should be taken with respect to the allegation, hear and determine the allegation in person.
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(1) A notice given under clause 62(5)(b) is to inform the student to whom it is addressed of the allegation of misconduct made against that student and that:
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(a) if, within the period of 14 days immediately following the date upon which the notice is given, the student notifies the Vice-Chancellor that the allegation of misconduct specified in the notice is denied – the allegation of misconduct will be formally heard and determined, and
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(b) if, within the period of 14 days immediately following the date upon which the notice is given, the student does not notify the Vice-Chancellor that the allegation of misconduct is denied – the Vice-Chancellor will, at the expiration of that period, impose on the student a specified penalty unless:
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(i) the student has given to the Vice-Chancellor an explanation concerning the alleged misconduct which the Vice-Chancellor considers adequate, in which case no penalty is to be imposed on the student, or
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(ii) the student has satisfied the Vice-Chancellor that, for any reason, a lesser or different penalty from that specified should be imposed, in which case the Vice-Chancellor will impose the lesser or different penalty on the student.
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(2) If a student to whom a notice is given under subclause (1) does not, within the period of 14 days immediately following the date upon which the notice is given, notify the Vice-Chancellor that the allegation of misconduct specified in the notice is denied, the Vice-Chancellor must, at the expiration of that period, impose on the student the penalty in the notice unless:
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(a) the student has given to the Vice-Chancellor an explanation concerning the alleged misconduct which the Vice-Chancellor considers adequate, in which case no penalty is to be imposed on the student in relation to the alleged misconduct, or
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(b) the student has satisfied the Vice-Chancellor that, for any reason, a lesser or different penalty from that specified should be imposed, in which case the Vice-Chancellor is to impose that lesser or different penalty on the student,
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and must lay a report of any penalty so imposed upon the table of the Senate and of the Academic Board.
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(3) Clause 76(4) applies to a report referred to in subclause (2) in the same way as it applies to a report referred to in clause 76(3).
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(4) If a student to whom a notice is given under subclause (1) denies the allegation of misconduct specified in the notice, the Vice-Chancellor is to refer the allegation to the Chair of the Panel or, unless the Registrar recommended that no action should be taken with respect to the allegation, hear and determine the allegation in person.
Division 4 – Student Proctorial Panels and Student Proctorial Boards
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(b) nine members of the academic staff (of whom at least four are to be professors and at least four are not to be professors) appointed by and from the members of the Academic Board, and
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(c) nine student members of the Academic Board appointed by and from the student members of the Academic Board.
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(2) The members of the Panel referred to in subclause (1)(b) and (c) are to be appointed at the first meeting of the Academic Board held in each calendar year, or at another time determined by resolution of the Senate.
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that office may be filled by a person appointed in accordance with the relevant paragraph of subclause (1) which is applicable to that office.
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(4) A member of the Panel (other than the member referred to in subclause (1)(a)) is to assume office from the date of appointment by the Academic Board and, subject to subclause (5) and clause 67, is to hold office until a successor is appointed.
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(5) The Senate may, at any time, extend the term of office of any member of the Panel and the successor to that member is not to assume office until the expiration of that term as so extended.
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(7) In the case of the illness or absence of the Chair of the Panel, the Deputy Chair of the Academic Board may act as deputy for the Chair during the Chair's illness or absence and, during the time the Deputy Chair acts as deputy, the Deputy Chair has all the powers and authority of the Chair.
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(1) The Chair of the Panel must convene a meeting of the Panel as soon as practicable after the Vice-Chancellor has referred an allegation of misconduct against a student to the Chair.
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(2) The Panel is to establish, in accordance with this clause and clause 66, a Board to hear and determine the allegation of misconduct.
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(3) At a meeting of the Panel the Chair must inform the Panel of the allegation of misconduct in respect of which the meeting was convened and the name of the student against whom the allegation is made and any member of the Panel may, with the consent of Chair of the Panel, be disqualified at the member's own request from membership of a Board to be constituted to hear an allegation against a student on the ground that the member may appear to be biased in relation to any matter concerning the allegation.
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(4) When all disqualifications from membership of a Board to be constituted to hear an allegation of misconduct have been made under subclause (3), each of the remaining members of the Panel must disclose to the Panel:
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(a) whether the member has been or is involved in or associated with any matter concerning the allegation and, if the member has been or is so involved or associated, the nature or extent of the involvement or association, and
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(b) whether the member has or has had any attitude towards or association with any person known to be involved in or associated 0. (5) If, in the opinion of the Chair of the Panel, a disclosure made by a member of the Panel under subclause (4) gives rise to a reasonable apprehension that the member would be biased in deciding any matter concerning an allegation of misconduct against a student, the Chair may disqualify that member from membership of the Board to be constituted to hear the allegation.
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(6) If the Chair of the Panel seeks to be disqualified under subclause (3) or where the Chair makes a disclosure under subclause (4), the senior member of the members of the Panel referred to in clause 64(1)(b) who has not been disqualified has the power to consent to the Chair being disqualified under subclause (3) or to disqualify the Chair under subclause (5).
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(a) one is to be a member elected by and from the Panel, being an academic staff member who is not disqualified from membership of that Board, and
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(b) one is to be a member elected by and from the Panel, being a student member who is not disqualified from membership of that Board, and
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(3) If the Chair of the Panel considers it to be desirable, 2 Boards may be constituted and may hear different allegations of misconduct simultaneously.
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(4) The Senate must appoint one or more Chairs of Boards annually, or at such other times as appears to it desirable, from among persons who:
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(a) have been admitted to practise as barristers or solicitors of the Supreme Court of New South Wales for at least five years, or
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(b) hold or have held office as judge or stipendiary magistrate in any State or federal court in Australia.
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(5) If the Senate has appointed more than one person as Chair of the Boards under subclause (4), the Chair of the Panel is to determine which person is to be Chair of a particular Board.
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(1) If the term of office of a member of the Panel expires while the member is a member of a Board constituted to hear an allegation of misconduct, the member is to continue to be a member of the Board until the hearing of the allegation is completed.
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(a) a member of the Panel dies or otherwise ceases to be a member of the Panel while the member is a member of a Board constituted to hear an allegation of misconduct, or
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the remaining two members of that Board may, with the written approval of the Chair of the Panel, but subject to clause 75, continue the hearing of the allegation and make a determination in relation to the allegation.
Division 5 – Hearing and determining allegations of misconduct
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(a) if the Vice-Chancellor has decided to do so in person – as soon as practicable after the Vice-Chancellor so decides, or
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(b) if the Vice-Chancellor has referred the allegation to the Chair of the Panel – as soon as practicable after the Board is constituted for that purpose.
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(1) In the hearing of an allegation of misconduct against a student, the Vice-Chancellor or a Board has power:
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(a) to summon any member of the University staff or any student to appear to give evidence in relation to the allegation, and
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(b) to obtain information as to the facts concerning the allegation in any way the Vice-Chancellor or the Board sees fit and may at any stage seek further information in any manner reasonably possible, and
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(a) ensure that the student and any witnesses have been correctly identified and that the allegations of misconduct against the student have been made known to the student, and
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(b) if satisfied that there is insufficient evidence to establish the allegation of misconduct, dismiss the allegation without calling on the student to answer it, and
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(c) if satisfied that there is a case to answer with respect to the allegation, give the student an opportunity to answer the allegation.
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(1) One or more different allegations of misconduct may be heard against one or more students at the same hearing.
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(2) If at any time before a final determination has been made in relation to an allegation of misconduct against a student, a fresh allegation is made against the student, being an allegation which arises out of or relates to the same conduct which is the subject of the previous allegation, the Vice-Chancellor or, as the case may be, a Board may hear the fresh allegation together with the allegation previously made against the student but the student must be given an opportunity to prepare a response to that fresh allegation.
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If a student fails to appear at the time and place appointed by the Vice-Chancellor or a Board, for the hearing of an allegation of misconduct against the student, the Vice-Chancellor or the Board, as the case may be, may, if satisfied that reasonable and proper steps have been taken to give to the student notice of the hearing:
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(b) adjourn the hearing to a later date and cause the student to be given a notice stating that the hearing is so adjourned and informing the student that the hearing will proceed on the later date notwithstanding any further absence of the student.
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(1) A person to whom a question is put at a hearing may object to the question and the Vice-Chancellor or, subject to subclause (2), the Board is to decide whether the objection should be upheld.
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The Registrar must designate a person to present evidence in relation to an allegation of misconduct at a hearing of the allegation and that person must attend the hearing and may:
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Any student against whom an allegation of misconduct has been made, being an allegation which the Vice-Chancellor has referred to the Chair of the Panel or decided to hear and determine in person must:
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(a) be informed of the allegation and of all relevant particulars relating to the allegation, and
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(b) subject to clause 75(2)(c), has the right to be present at any hearing in which any evidence or submission is given or made in relation to the allegation, and
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(c) be afforded a reasonable opportunity of bringing to the knowledge of the Vice-Chancellor or the Board any factual material relevant to the allegation and of bringing before the Vice-Chancellor or Board any person who can provide that material, and
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(d) be afforded a reasonable opportunity of questioning either in person or by a representative any person who has furnished information at the hearing of the allegation, and
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(e) is entitled to inspect any documentary or other physical evidence placed before the Vice-Chancellor or Board, and
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(f) is entitled to address the Vice-Chancellor or Board on any issue relating to the allegation whether in relation to the allegation or the penalty which may be imposed, and
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(g) is entitled to be represented at the hearing of the allegation or to be accompanied at the hearing by a friend.
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(1) All persons appearing before or present at a hearing of an allegation of misconduct against a student must conduct themselves in a proper manner.
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(a) at a hearing by a Board, the Board must, if the person is a member of staff of the University, inform the Vice-Chancellor of the failure, and
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(b) at a hearing by the Vice-Chancellor or a Board, the Vice-Chancellor or, as the case may be, the Board must, if the person is a student, inform the person that disciplinary action may be taken in respect of the person's behaviour, and
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(c) at a hearing by the Vice-Chancellor or a Board, the Vice-Chancellor or, as the case may be, the Board may require the person to leave the hearing.
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(3) If a person who is required under subclause (2)(c) to leave a hearing is the student who is the subject of the hearing, the hearing may only continue in the absence of the student if the student was required to leave the hearing by reason of conduct which was so improper as to unreasonably disrupt the hearing.
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(1) The Vice-Chancellor or a Board may, after hearing an allegation of misconduct against a student:
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(b) impose one or more penalties on the student if satisfied that the student is guilty of misconduct.
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(2) The Vice-Chancellor or a Board may, instead of or in addition to a penalty imposed under subclause (1):
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(a) if a student is found to have damaged or destroyed any property of the University, order the student to pay to the University such amount as may be determined by the Vice-Chancellor or Board as compensation for the damage or destruction of the property, or
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(ii) order the student to pay to the University such amount as may be determined by the Vice-Chancellor or Board as compensation for the taking or removal of the property,
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(c) if a student is found to have taken or removed and damaged or destroyed any property of the University, make orders in respect of the property under subclause (2)(a) and (b).
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(3) The Vice-Chancellor and any Board must, as soon as practicable after making a determination under subclause (1)(b) to impose a penalty on any student for misconduct or an order under subclause (2), lay a report of that determination or order upon the table of the Senate and of the Academic Board.
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(4) Unless the Senate otherwise determines, only one report referred to in subclause (3) is required to be tabled at a meeting of the Senate or the Academic Board but the Vice-Chancellor or the person who is presiding at the meeting of the Senate or the Academic Board at which the report is tabled must state at the meeting the number of persons mentioned in the report, the nature of the misconduct alleged and the penalties imposed or order made.
Division 6 – Penalties
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(1) One or more of the following penalties may be imposed under this Chapter in respect of misconduct by a student:
Division 7 – Appeals
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(a) a person who holds, or has held, office as a judge or magistrate in any State or Federal Court in Australia, and
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(c) a person admitted and enrolled as a legal practitioner under the Legal Profession Act 1987 for at least five years.
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(2) The members of the Appeals Committee are to be appointed by the Senate, on the nomination of the Chancellor, for a period of not more than two years.
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(3) The member of the Appeals Committee referred to in subclause (1)(a) or, where applicable, that member's substitute, is the Chairperson of the Committee.
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(4) Members of the Appeals Committee hold office for the period of their appointment or, in the case of the Fellow, until he or she ceases to be a Fellow, whichever is the earlier.
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(5) If a member of the Appeals Committee is unwilling or unable for any reason to hear a particular appeal by a student, or the Chancellor (or, in the Chancellor's absence, the Deputy Chancellor) determines after consultation with the Vice-Chancellor that in the particular circumstances of the appeal it would be inappropriate for a member to sit, then the Chancellor (or Deputy Chancellor) must appoint a substitute member qualified under subclause (1)(a), (b) or (c) to hear the appeal.
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(6) Subject to subclause (5), any casual vacancy in the office of a member of the Appeals Committee must be filled by the Senate, on the nomination of the Chancellor, as soon as practicable after the casual vacancy arises.
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(7) If, before the commencement of this clause, the Student Disciplinary Appeals Committee has commenced the hearing of an appeal by a student but has not made a determination in respect of the appeal, that Committee is to continue to hear and determine the appeal under this Chapter unless that Committee directs that it be heard afresh by the Appeals Committee constituted under subclause (1).
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(1) A student may, in accordance with subclause (2), appeal to the Appeals Committee against a determination being:
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(b) the imposition of a penalty upon the student by the Vice-Chancellor under clause 63(2) or by the Vice-Chancellor or a Board under clause 76(1)(b), or
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(a) must be filed with the Registrar within the period of 14 days (or such longer period not exceeding one month as the Vice-Chancellor may allow) immediately following the date upon which the student was given notice of the determination, and
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(i) that the determination is unreasonable or cannot be supported, having regard to the evidence,
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(iv) that fresh relevant evidence has become available to the student, being evidence that was not available or not known to the student at the time of the hearing,
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(viii) that the penalty imposed on the student or order made against the student was excessive or inappropriate.
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(2) A Fellow must not participate in or be present at the hearing of an appeal by the Appeals Committee against a determination made by a Board of which the Fellow was a member or, if the Fellow is the Vice-Chancellor, against any determination.
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(a) allow the appeal if it is of the opinion that the determination of the Vice-Chancellor or Board should be set aside on any of the grounds of appeal referred to in clause 79(2)(c), or
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(i) the determination of the Vice-Chancellor or Board should not be set aside on any of the grounds of appeal referred to in clause 79(2)(c), or
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(ii) notwithstanding that the determination may be set aside on any 1 or more of the grounds referred to in clause 79(2)(c)(ii) to (vii) (both inclusive), no substantial miscarriage of justice has actually occurred.
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(b) quash a determination made by the Vice-Chancellor or a Board and direct that all or any of the allegations the subject of the appeal be reheard by:
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(c) if the appeal was made on the ground specified in clause 79(2)(c)(viii), substitute a different penalty for the one imposed or a different order for the one made, or
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(d) if an appeal is made on the ground specified in clause 79(2)(c)(iv), consider any fresh evidence offered by the student and determine the matter itself without directing a rehearing.
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(5) In relation to the hearing of an appeal by a student, the student, any representative of the student and the person designated for that purpose by the Registrar may make written submissions or, with the consent of the Appeals Committee, may make oral submissions.
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(6) The Appeals Committee must, except in the case of an appeal made on the ground specified in clause 79 (2) (c) (iv), determine an appeal on the basis of such official record of evidence as may have been taken at the hearing of the allegation in respect of which the determination was made.
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(7) The provisions of clauses 69, 71, 72(1), 73, 74 and 75 apply to the Appeals Committee in the same way as they apply to and in respect of the hearing of an allegation by the Vice-Chancellor or a Board.
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(8) If a student has filed an appeal in accordance with clause 79(2) against a determination of the Vice-Chancellor or a Board to impose a penalty for misconduct or against an order made by the Vice-Chancellor or a Board under clause 76(2), the penalty or order is not to be enforceable against the student until the appeal is withdrawn or the Appeals Committee has determined the appeal.
Division 8 – Miscellaneous
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The Senate may at any time, on the recommendation of the Vice-Chancellor, quash a determination made by the Vice-Chancellor, a Board or the Appeals Committee, whether or not an appeal has been made against that determination.