Part 3. Revocation of Awards
9. Establishment of Committee of Inquiry
1. If it appears to the Registrar that an award may have been obtained in circumstances that would enable the Council to revoke the award under the Academic and Student Affairs Statute 2012, the Registrar must report the matter to the relevant deputy vice-chancellor.
Section 15 of the Academic & Student Affairs Statute 2012 empowers the Council to revoke an award in specified circumstances.
2. A deputy vice-chancellor who receives a report under subregulation (1) must advise the Vice-Chancellor.
3. If, after receiving advice under subregulation (2), the Vice-Chancellor considers that a prima facie case exists for revoking an award, the Vice Chancellor must convene a Committee of Inquiry to investigate and report.
4. The members of a Committee of Inquiry are;
a. the Chair of the Academic Senate or the Chair’s nominee, who is to chair the Committee of Inquiry;
b. three staff members nominated by the Academic Senate; and
c. a student representative nominated by Swinburne Student Amenities Association Limited.
5. Both genders are to be represented on the Committee of Inquiry.
10. Process of Committee of Inquiry
1. An award holder must be advised in writing of the proposed revocation of his or her award and given reasonable opportunity to make a submission to the Committee of Inquiry.
2. An award holder
a. must be accorded procedural fairness;
b. subject to paragraph (c), may be represented at a hearing by another person; and
c. may not be represented at a hearing by an Australian legal practitioner.
3. The Committee of Inquiry, when making a recommendation, must include a statement of reasons, setting out the reasons for the recommendation.
4. The Committee of Inquiry must, as soon as is practical, provide notification of the recommendation and a copy of the statement of reasons to
a. the award holder;
b. the Vice-Chancellor; and
c. the Council for Council’s consideration.
5. The Committee of Inquiry must provide a copy of any document which was taken into consideration in making the recommendation if requested and subject to any requirement or restriction
a. under University legislation;
b. under legislation; or
c. at common law.
6. A notification, copy of statement of reasons or copy of a document required under these Regulations may be provided by email or in other electronic format.
11. Council decision
1. The Council must consider the recommendation of the Committee of Inquiry and decide to revoke or not to revoke the award.
2. The Council must require an award holder whose award has been revoked to return to the University the testamur issued in respect thereof within 10 working days of Council’s decision.