Division 1 — Staff

Division 2 — Appeals

These Rules are made pursuant to clause 44 of the By-law (Part 4, Division 3)

Division 1 — Staff

Application of Division

1. This Division applies to and in respect of all members of staff of the University other than:

(a) members of staff who are designated by the Rules as being casual staff or temporary staff; and

(b) members of staff whose conditions of employment are governed by an industrial award or industrial agreement which contains disciplinary provisions.

Breach of discipline defined

2. A member of staff is to be regarded as having committed a breach of discipline if he or she:

(a) contravenes any provision of the Act, the By-law or a Rule; or

(b) wilfully disobeys or disregards any order or direction lawfully made or given under the Act, the By-law or a Rule; or

(c) is convicted by a court of an offence that is of a kind that may reasonably be regarded as constituting a serious impediment to the discharge by the member of staff of his or her functions or the discharge by other members of staff of their functions; or

(d) is guilty of disgraceful or improper conduct; or

(e) is grossly or persistently inefficient, negligent or careless; or

(f) is incompetent in the discharge of his or her functions.

Inquiries into alleged breaches of discipline

3. The Vice-Chancellor may (whether as a consequence of the making of a complaint or otherwise) cause inquiries to be made in relation to any breach of discipline that is alleged to have been committed by a member of staff.

Suspension pending completion of inquiries etc.

4. (1) The Vice-Chancellor may suspend from office any member of staff in respect of whom inquiries are being made in relation to a breach of discipline that is alleged to have been committed by the member of staff.

(2) A member of staff may be suspended from office either with pay or without pay.

(3) If a member of staff is suspended from office without pay, the period of suspension is not to exceed seven days.

(4) Whether the member of staff is suspended with pay or without pay, the suspension ceases to have effect (unless sooner revoked) when the matter is dismissed or determined under this Division.

(5) A member of staff is entitled to receive any pay withheld pursuant to this clause if the Vice-Chancellor dismisses the matter or otherwise determines that it would be inappropriate, having regard to the circumstances of the case, that the member of staff be denied that pay.

Vice-Chancellor to issue show cause notice

5. If, after completion of any inquiries, the Vice-Chancellor believes that a member of staff may have committed a breach of discipline, the Vice-Chancellor:

(a) must cause notice of that fact to be served on the member of staff; and

(b) must give the member of staff a reasonable opportunity (being a period of not less than seven days) within which to make written representations to the Vice-Chancellor in relation to the alleged breach of discipline; and

(c) must take into account any written representations made by the member of staff during that period.

Penalties

6. (1) If, after having taken into account any written representations made by the member of staff, the Vice-Chancellor is satisfied that the member of staff has committed a breach of discipline, the Vice-Chancellor may direct that the member of staff:

(a) be dismissed; or

(b) be demoted in office; or

(c) be suspended from office without pay for a period not exceeding 30 days; or

(d) be denied any incremental progression of salary to which he or she might otherwise be entitled or eligible; or

(e) be fined an amount not exceeding one month's salary; or

(f) be cautioned or reprimanded; or

(g) be excluded from specified facilities of the University either indefinitely or for a specified period; or

(h) be subjected to any two or more of the penalties referred to in paragraphs (b)—(g).

(2) In considering a penalty the Vice-Chancellor may take into consideration a staff member's previous disciplinary record.

Vice-Chancellor to dismiss certain matters

7. If the Vice-Chancellor is satisfied that the member of staff has not committed a breach of discipline or (after having completed inquiries into the matter and having heard the member of staff's representations in respect of the matter) is not satisfied that the member of staff has committed a breach of discipline, the Vice-Chancellor must dismiss the matter and inform the member of staff accordingly.

Vice-Chancellor to give notice of decision

8. The Vice-Chancellor must cause notice of any decision under clause 6, and of his or her reasons for the decision, to be given:

(a) to the member of staff concerned; and

(b) if the decision involves the making of a direction under clause 6(a), (b) or (c) — to the Council,

within seven days after the decision is made.

Right of appeal to the Council

9. (1) A member of staff may appeal to the Council against a decision of the Vice-Chancellor under clause 6.

(2) Such an appeal must be made in writing and lodged with the Registrar within 30 days after notice of the decision is given to the member of staff.

(3) The Vice-Chancellor may, on the application of the member of staff concerned or otherwise, direct that any action to be taken as a consequence of a direction under clause 6 be stayed:

(a) until the time for making an appeal against the direction, or the decision to which it relates, has expired; or

(b) if an appeal against the direction or decision is made within that time — until the appeal has been finally determined.

Division 2 — Appeals

Appeal Committee

10. The Council is to establish an Appeal Committee for the purpose of hearing appeals under this Division.

Appeals to be referred to Appeal Committee for hearing

11. (1) The Registrar is to refer any appeal made under this Division to the Appeal Committee for hearing.

(2) The Appeal Committee must hear any such appeal and prepare a recommendation for submission to the Council as to what action should be taken in respect of the appeal.

Determination of appeals

12. (1) The Council must determine an appeal having due regard to the recommendations of the Appeal Committee.

(2) The Registrar must cause notice of the Council's decision on an appeal to be given to the appellant as soon as practicable after the decision is made.

13. Upon receipt of a notice of appeal under clause 9 of these Rules, the Registrar shall notify the Chancellor of the receipt of the notice and the nature of the appeal.

14. An appeal brought under this provision shall be investigated by an Appeal Committee comprised of:

(a) the Chancellor or, if the Chancellor declines to be a member, the Deputy Chancellor or, if each of those persons declines to be a member, a member of the Council (other than an official member) nominated by the Chancellor;

(b) a member of the Council, other than an official member, selected by the Chancellor;

(c) a person nominated by the appellant.

15. Where an appellant has not, within 14 days of lodging a notice of appeal with the Registrar (or, where the appellant has been served with a notice under clause 17, within 14 days after the date of service of the notice) nominated to the Registrar a person who has consented to be nominated as a member of the Appeal Committee which will investigate that appellant's appeal, the Council shall nominate a person who is not an officer of the University or a member of the Council to be a member of that Appeal Committee.

16. The person who is a member of an Appeal Committee by reason of clause 14(a) is the Chair of that Appeal Committee.

17. As soon as an Appeal Committee comprised in accordance with clause 14 (and clause 15 where applicable), has been formed in relation to an appeal, the Registrar shall forward the notice lodged under clause 9(2) of these Rules in relation to that appeal to the Chair of the Appeal Committee.

18. (1) The duties of an Appeal Committee are to investigate the appeal referred to it under clause 17, to report and to make recommendation to the Council on the appeal.

(2) An Appeal Committee shall:

(a) hold its first meeting as soon as practicable after the date on which the notice of appeal is forwarded to it under clause 17 but in any event not later than 21 days after that date except where Council may determine otherwise; and

(b) subject to clause 14, hold such subsequent meetings as it considers necessary and convenient to enable it to perform its duties.

(3) An Appeal Committee shall not investigate an appeal unless all members of the Appeal Committee are present.

(4) The Council may make Rules regulating, or providing for the regulation of, the procedure to be followed by Appeal Committees, provided that the procedures shall not contravene the rules of natural justice.

19. Where, in the opinion of the Council, an Appeal Committee is not investigating an appeal expeditiously, it may, by notice in writing served on the members of the Appeal Committee and the appellant, dissolve that Committee.

20. Where the Council dissolves an Appeal Committee under clause 19, another Appeal Committee comprised in accordance with clause 14, may be formed to investigate the appeal, but no person who was a member of the dissolved Appeal Committee may be a member of that other Appeal Committee unless the Council so resolves.

21. Notice in writing of the date upon and time and place at which an appellant may appear before an Appeal Committee shall be given to the appellant at a reasonable time before that date.

22. (1) An Appeal Committee shall make its report to the Council upon the appeal within two months of the day upon which the notice of appeal was referred to it.

(2) Notwithstanding the provisions of subclause (1), if the Council approves, in a particular case, of the time within which the report of an Appeal Committee shall be made to it being extended to not more than six months from the day upon which the notice of appeal was referred to it, the Appeal Committee shall make its report to the Council within that period.

(3) Where an Appeal Committee makes a report to it in relation to an appeal by a member of staff against a decision of the Vice-Chancellor, the Council may:

(a) affirm or quash that decision; and/or

(b) propose any other action against the member of staff that could have been taken against that person by the Vice-Chancellor