Monash University (Council) Regulations

Made by the Monash University Council 
Incorporating amendments as at 19 January 2023

Contents
Part 1	Preliminary
1	Short title
2	Authorising provisions
3	Commencement
4	Interpretation
Part 2	The Council
5	Council meetings
6	Committees of Council
Part 2A 	The Elected Members of Council
6A	Interpretation
6B	Elected members
6C	Elections
6D	Election eligibility
6E	Voting eligibility
6F	Casual vacancies in the position of elected member
Part 3	The Provost and Deputy Vice-Chancellors
7	Provost
8	Deputy Vice-Chancellors
Part 4	Awards
9	Degrees and other awards
Part 5	The Academic Board
10	Powers and functions of the Academic Board
11	Committees and delegation of powers
12	Membership of the Academic Board
13	President
14	Vice Presidents
15	Members Elected to the Academic Board
16	Term of office of members
16A	Transitional provision
16B	Extension of terms of members due to COVID-19 pandemic
17	Casual vacancies
18	Meetings of the Academic Board
19	Resolutions without meetings of the Academic Board
20	Declaration of pecuniary interests of Board members
21	How questions are to be decided and quorum
22	Review of decisions
23	Validity of acts or decisions
24	Transitional provision
Part 6	Deans
25	Deans
26	Deputy deans, associate deans, etc.
27	Delegation
Part 7	Student Discipline
28	Interpretation
29	Partner Institutions
30	Misconduct offences
31	Reports to, and investigations of misconduct by, responsible officers
32	Investigation by responsible officer
33	Student misconduct panels
34	Research discipline panels
34A	Student appeals panel
35	University discipline panel pool
36	Appointment of university discipline panel
37	General provisions applying to membership of all panels
38	Convening of panel and objections
39	Appointment of advisers to panels
40	Student response to hearing notice
41 	Panel hearings
42	Penalties
43	Provisions about consent penalties
44	Effect of prohibition, suspension or exclusion
44A	Suspension of penalties
45	Appeals
46	Procedure for hearing appeals
47	Multiple allegations or reports
48	Joint misconduct
49	Risk to health and safety
50	Requests for information
51	Resumption of disciplinary process
52	Student discipline register
53	Special provision relating to Monash University Malaysia
54	Giving of notices
55	Delegation
56	Transitional provisions
Part 8	Revocation of Degrees or Other Awards
57	Application of this Part
58	Report to Provost
59	Composition of review committee
60	Powers of review committee
61	Report of review committee
62	Provost to consider matter and report to the Council
63	Council to make determination
64	Other person may undertake role of Provost
65	Delegation
Part 8A	Revocation of Honorary Degrees
65A.	Application of this Part
65B.	Recommendation to Council
65C.	Convening of Committee
65D	Report of Committee
65E	Council to make determination
Part 9	Recognised Associations
66	Recognition of associations
67	Funds
68	Audited reports
69	Power of Vice-Chancellor with respect to payment of funds
70	Intermission from study
Part 10	Campus Service Councils
71	Establishment of campus service councils
72	Role of campus service councils
Part 10A	University Parking Rules
72A	Interpretation
72B	Parking
72C	Parking Permits and Restricted Parking Areas
72D	Scope and effect of Rules
Part 11	The Common Seal
73	Custody of the seals
74	Affixing of the seal
75	Attestation of the seal
76	Execution of deeds not under seal
77	Form
Part 12	Trust Funds
78	Administration of trust funds
79	Regulations continued
Part 13 	 Exclusion for Safety Reasons
80	Report to campus safety branch
81	Power of dean to impose conditions
82	Powers to make an interim decision to suspend, exclude or refuse admission or enrolment
83	Notice
84	Conduct review panel
85	Provision of an opportunity to respond
86	Powers and duties of conduct review panel and the Vice-Chancellor
87	Annual report
88	Effect of decision
89	Service of notices
90	Officers that may act for dean or conduct review officer
Part 14	Authority of university security officers
91	Interpretation
92	General authorities and responsibilities
93	Trespass and direction to leave a university precinct
Part 15	Transitional Provision
94	Saving of Council resolutions made under revoked legislation
SCHEDULE 1
DICTIONARY
End Notes

Part 1	Preliminary
1	Short title
These regulations may be cited as the Monash University (Council)    Regulations.
2	Authorising provisions
These regulations are made under Part 5 of the Monash University Act 2009 and the Monash University Statute.
3	Commencement
These regulations come into operation on the day on which they are promulgated by being published on the University website.
4	Interpretation
The Dictionary at the end of these regulations defines expressions used in them.
(1)	Expressions used in these regulations have, unless the contrary intention appears, the same meaning as they have in the Monash University Statute as amended and in force for the time being.
Note
Under section 23 of the Interpretation of Legislation Act 1984 expressions used in university regulations made under the Monash University Act 2009 have, unless the contrary intention appears, the same meaning as they have in that Act as amended and in force for the time being.
(2)	For the purposes of these regulations, the faculty of which a person employed, other than on a sessional basis, in an academic position at a location within or outside Australia, is a member is to be determined in accordance with regulation 5(2) of the Monash University (Vice- Chancellor) Regulations.
(3)	A reference in these regulations, in relation to a power of delegation, to the functions, powers or duties of a person or body is a reference to the functions, powers or duties conferred or imposed on the person or body by or under these or any other University regulations or by or under the Monash University Statute.
(4)	A note at the foot of a provision of these regulations forms part of the regulations.
Part 2	The Council
5	Council meetings
(1)	An ordinary meeting of the Council must be held at least 6 times each year.
(2)	A special meeting of the Council must be held if called by the Chancellor or the Vice-Chancellor or requested in writing by 6 members of the Council.
(3)	The secretary to the Council must give at least 10 days’ notice of a meeting of the Council to each member, specifying the time, place and agenda of the meeting.
Note
Under clause 13 of Schedule 1 to the Monash University Act 2009 a resolution signed by members may be taken to have been passed at a meeting of the Council. As no meeting is held, subregulation (3) does not apply.
(4)	The period of notice referred to in subregulation (3) may be dispensed with in the case of a meeting called by the Chancellor or the Vice- Chancellor as a matter of urgency.
(5)	Subject to the Act, the Council may regulate its own meeting procedure.
Note
Schedule 1 to the Monash University Act 2009 contains provisions about the Council’s procedure.
6	Committees of Council
(1)	The Council, by resolution, may specify how many members of a committee of the Council constitute a quorum at a meeting of the committee.
(2)	Subject to any resolution of the Council, a committee of the Council may regulate its own meeting procedure.
Part 2A 	The Elected Members of Council
6A	Interpretation
In this Part:
staff member means an elected member elected by staff;
student member means an elected member elected by students.
6B	Elected members
(1)	For the purposes of section 11(4A) of the Act:
(a)	the number of persons who may be elected as a staff member is one (1); and
(b)	the number of persons who may be elected as a student member is one (1).
(2)	Council shall by resolution determine the term of office of a staff member and the term of office of a student member.
6C	Elections
(1)	For the purposes of one or more elections of the elected members, the Council may by resolution:
(a)	appoint a returning officer and assign functions, powers and duties to them; and
(b)	empower a returning officer to appoint other election officers; and
(c)	provide for the preparation and custody of electoral rolls; and
(d)	state the timelines for an election, including:
(i)	the date by which notice of the election must be given by the returning officer;
(ii)	the period within which nominations by persons as candidates may be made;
(iii)	the date of the poll;
(iv)	the period within which voting may take place; and
(e)	specify how candidates may be nominated and the number of nominators required; and
(f)	provide for the manner in which ballot papers may be marked; and
(g)	state the circumstances in which, and the procedure by which, a candidate may withdraw their nomination; and
(h)	specify the form of ballot papers and how the order in which names appear on them may be determined; and
(i)	state the system of voting to be used for the conduct of an election and the method for counting votes; and
(j)	provide for the appointment of scrutineers and set out their functions, powers and duties; and
(k)	provide for rules that specify the principles to govern campaigning by candidates; and
(l)	provide for the manner in which complaints can be made and the review of determinations by the returning officer; and
(m)	deal with any other matter necessary for the conduct of an election.
(2)	If the returning officer is satisfied that the terms of a resolution made under subregulation (1) have not been complied with to an extent that materially compromised the proper outcome of an election, the returning officer may declare the election void.
(3)	A casual vacancy is to be taken to have occurred in the event of a declaration being made under subregulation (2).
Note
Regulation 6F deals with the filling of casual vacancies.
6D	Election eligibility
(1)	To be eligible for election as a staff member:
(a)	a person must at all times during the period of twelve months prior to the date of commencement of the person's term of office be employed by the University and hold a continuing or fixed-term appointment of at least 0.5 equivalent full-time (EFT)
(b)	must reside in Australia.
(2)	To be eligible for election as a student member, a person must:
(a)	during the calendar year in which the election is held either:
(i)	been enrolled at an Australian campus or Australian teaching location of the University at no less than 0.5 equivalent full-time student load (EFTSL); or 
(ii)	been granted an intermission from a course of study at an Australian campus or Australian teaching location of the University pursuant to regulation 70; or
(iii)	a combination of (i) and (ii); and
(b)	if also an employee of the University, not hold a continuing or fixed-term appointment exceeding 0.5 equivalent full-time equivalent (EFT).
6E	Voting eligibility
(1)	All students, other than those specified by Council by resolution, are eligible to vote at an election of a student member, provided they are a student at the date on which the electoral roll is prepared for that election.
(2)	All members of staff are eligible to vote at an election of a staff member, provided they are a member of staff at the date on which the electoral roll is prepared for that election.
6F	Casual vacancies in the position of elected member
(1)	If there is a casual vacancy in the office of an elected member an election shall be held, except that in the case where the vacancy occurs within 6 months before the expiry of the term of office an election is not obligatory.
(2)	A casual vacancy is to be taken to have occurred in the office of an elected member in any of the following events:
(a)	a declaration being made under subregulation 6C(2);
(b)	the elected member ceasing to be eligible, as specified in regulation 6D, for election to the office for which they were elected;
(c)	the elected member retires from office;
(d)	subclauses 4(1) or 7(1) of Schedule 1 of the Act apply.
Part 3	The Provost and Deputy Vice-Chancellors
7	Provost
(1)	The Council may establish an office of Provost and, on the recommendation of the Vice-Chancellor, may appoint a person to it.
(2)	The Provost has the functions, powers and duties conferred or imposed on them:
(a)	by their contract of employment; or
(b)	by or under this or any other University regulation; or
(c)	by any instrument of delegation.
(3)	The Provost may delegate any of their functions, powers or duties (other than a power or function of the Council delegated to them by the Council) to:
(a)	a member of staff of the University; or
(b)	a committee or other body of persons.
8	Deputy Vice-Chancellors
(1)	The Council, on the recommendation of the Vice-Chancellor, may appoint one or more persons to the office of Deputy Vice-Chancellor.
(2)	A Deputy Vice-Chancellor has the functions, powers and duties conferred or imposed on them:
(a)	by their contract of employment; or
(b)	by or under this or any other University regulation; or
(c)	by any instrument of delegation.
(3)	A Deputy Vice-Chancellor may delegate any of their functions, powers or duties (other than a power or function of the Council delegated to them by the Council) to:
(a)	a member of staff of the University; or
(b)	a committee or other body of persons.
Part 4	Awards
9	Degrees and other awards
(1)	The following degrees and other awards may be conferred or granted by the Council:
(a)	undergraduate certificate;
(b)	undergraduate diploma;
(c)	associate degree;
(d)	bachelor degree;
(e)	bachelor honours degree;
(f)	graduate certificate;
(g)	graduate diploma;
(h)	post-graduate certificate;
(i)	post-graduate diploma;
(j)	master’s degree;
(k)	doctoral degree;
(l)	higher doctoral degree.
(2)	The Monash University (Academic Board) Regulations provide for the requirements that a person must satisfy in order to qualify for a degree or other award.
(3)	The Council may confer a degree that is no longer offered on, or grant any other award that is no longer offered to, a person who was admitted into a course of study leading to that degree or other award when it was still offered and has satisfied the requirements of, but has not graduated with, it.
Part 5	The Academic Board
10	Powers and functions of the Academic Board
(1)	The Academic Board:
(a)	subject to any resolution of the Council, is responsible to the Council for the maintenance of high standards in education and research;
(b)	after having informed the Vice-Chancellor of the proposed recommendation, may make any recommendation to the Council regarding the academic affairs of the University;
(c)	after having informed the Vice-Chancellor of the proposed report, must report to the Council on all matters referred to it by the Council for report;
(d)	must consider and take any necessary action on any report submitted to it by a dean or the head of an academic unit or other university body;
(e)	is responsible for accreditation and reaccreditation of units and courses of study required for a degree or other award;
(f)	may consider any question relating to the academic requirements and standards of courses of study;
(g)	must decide all questions of admission equivalence.
(2)	The Academic Board has such other functions, powers and duties as are conferred or imposed on it by any University statute, University regulation or resolution of the Council.
11	Committees and delegation of powers
(1)	The Academic Board, by resolution, may constitute and appoint committees as it thinks fit.
(2)	The Academic Board, by resolution, may delegate to the president of the Board or to any committee or any university body or any member of a committee or university body or any member of staff of the University all or any of its functions, powers or duties other than:
(a)	the power to make University regulations; and
(b)	a power or function of the Council delegated to it by the Council; and
(c)	the power under regulation 10(1)(b) to make recommendations to the Council.
(3)	A delegation under subregulation (2) is revocable by resolution of the Academic Board.
Note
See also sections 42 (exercise of delegated powers) and 42A (construction of power to delegate) of the Interpretation of Legislation Act 1984.
(4)	The Academic Board, by resolution, may specify how many members of a committee constitute a quorum at a meeting of the committee.
(5)	Subject to any resolution of the Academic Board, a committee may regulate its own meeting procedure.
12	Membership of the Academic Board
(1)	The Academic Board consists of:
(a)	the ex officio members specified in subregulation (2); and
(b)	the appointed members, that is, heads of academic units, deputy deans and associate deans from each faculty appointed by the dean of the faculty; and
Note
The number to be appointed from each faculty depends on faculty size.  See subregulation (3).
(c)	the following members who are elected to the Academic Board:
(i)	academic staff from each faculty elected by the academic staff of the faculty;
(ii)	three academic staff of Monash University Malaysia, with one member from each of the following groups of faculties:
A.	the Faculty of Medicine Nursing and Health Sciences and the Faculty of Pharmacy; 
B.	the Faculty of Engineering, the Faculty of Science and the Faculty of Information Technology; 
C.	the Faculty of Business and Economics and the Faculty of Arts,
elected by the academic staff of Monash University Malaysia from such groups of faculties;
(iii)	one director of a non faculty-based research institute or centre elected by the directors of such institutes or centres;
(iv)	2 undergraduate students elected by the undergraduate students;
(v)	one coursework graduate student elected by the coursework graduate students;
(vi)	one higher degree by research student elected by the higher degree by research students; and
(vii)	one student enrolled at Monash University Malaysia elected by the students enrolled at Monash University Malaysia. 
Note
Regulation 13 and 14 provide for the election of a president and up to 2 vice-presidents.
(2)	The ex officio members are:
(a)	the Chancellor;
(b)	the Vice-Chancellor;
(c)	the Provost;
(d)	each Deputy Vice-Chancellor;
(e)	each dean;
(f)	such members of the academic staff and the professional staff of the University in leadership roles as are nominated by the Vice- Chancellor with the agreement of the president of the Academic Board.
(3)	The number of members to be appointed under subregulation (1)(b) or elected under subregulation (1)(c)(i) for a faculty is:
(a)	2 if the total number of EFT academic staff of the faculty is less than two-thirds of the university faculty average; or
(b)	3 if the total number of EFT academic staff of the faculty is between two-thirds and four-thirds of the university faculty average; or
(c)	4 if the total number of EFT academic staff of the faculty is greater than four-thirds of the university faculty average.
(4)	An election of members under subregulation (1)(c) is to be conducted in accordance with any applicable resolution made by the Council under regulation 15(1).
(5)	A member appointed or elected to the Academic Board for a faculty continues in office for the duration of the term for which that member was appointed or elected despite the faculty being abolished or affected by a restructuring of faculties.
(6)	In nominating members under subregulation 2(f), the Vice-Chancellor must make sure that the total number of ex officio members does not exceed one-third of the total number of members of the Academic Board.
(7)	The Academic Board may grant a member of the Board such period of leave of absence as it determines and subject to such terms and conditions as it determines.
13	President
(1)	The members of the Academic Board must elect as president of the Board one of their number who is qualified for election to that office.
(2)	A member is qualified for election as president if that member:
(a)	is nominated by 2 other members of the Academic Board; and
(b)	is a member of the academic staff; and
(c)	holds the rank of professor.
(3)	The president:
(a)	presides at meetings of the Academic Board; and
(b)	is an ex officio member of any committee of the Academic Board.
(4)	The president holds office for a term of 2 years commencing on 1 January following their election and is eligible to be elected for one further term if they are still qualified for election.
(5)	The president ceases to hold the office of president if they:
(a)	resign by writing signed by themselves and addressed to the Vice- Chancellor; or
(b)	are removed from office by a resolution of the Academic Board passed by two-thirds of the members present and voting; or
(c)	are absent from the University for a period exceeding 3 months without leave granted by the Academic Board; or
(d)	cease to hold a qualification required for election to the office.
(6)	The president may be referred to as the chair of the Academic Board.
14	Vice Presidents
(1)	The members of the Academic Board must elect as vice-president of the Board one of their number who is qualified for election to that office and may elect a second such person as another vice-president.
(2)	A member is qualified for election as vice-president if that member:
(a)	is nominated by 2 other members of the Academic Board; and
(b)	is a member of the academic staff; and
(c)	holds the rank of associate professor or above.
(3)	The vice-president, or if there are 2, the vice-president nominated by the Vice-Chancellor for the purpose, must preside at a meeting of the Academic Board if:
(a)	the president is absent or unable to discharge the duties of their office; or
(b)	the office of president is vacant.
(4)	A vice-president must assist the president in the execution of their powers and duties, as directed by the president.
(5)	A vice-president holds office for a term of 2 years commencing on 1 January following their election and is eligible to be elected for one further term if they are still qualified for election.
(6)	A vice-president ceases to hold the office of vice-president if they:
(a)	resign by writing signed by themselves and addressed to the Vice- Chancellor; or
(c)	are removed from office by a resolution of the Academic Board passed by two-thirds of the members present and voting; or
(d)	are absent from the University for a period exceeding 3 months without leave granted by the Academic Board; or
(e)	cease to hold a qualification required for election to the office.
(7)	A vice-president may be referred to as a deputy chair of the Academic Board.
15	Members Elected to the Academic Board
(1)	For the purposes of the election of members under regulation 12(1)(c), the Council, by resolution, may:
(a)	specify eligibility requirements for candidates and voters; and
(b)	appoint a returning officer and assign functions, powers and duties to that returning officer; and
(c)	empower a returning officer to appoint other election officers; and
(d)	provide for the preparation and custody of electoral rolls; and
(e)	state the timelines for an election, including:
(i)	the date by which notice of the election must be given by the returning officer; and
(ii)	the period within which nominations may be made; and
(iii)	the date of the poll; and
(iv)	the period within which voting may take place; and
(f)	specify how candidates may be nominated and the number of nominators required; and
(g)	provide for the manner in which ballot papers may be marked; and
(h)	state the circumstances in which, and the procedure by which, a candidate may withdraw their nomination; and
(i)	specify the form of ballot papers and how the order in which names appear on them may be determined; and
(j)	state the system of voting to be used for the conduct of an election and the method for counting votes; and
(k)	provide for the appointment of scrutineers and set out their functions, powers and duties; and
(l)	provide for rules that specify the principles to govern campaigning by candidates; and
(m)	provide for the manner in which complaints can be made and the review of determinations by the returning officer; and
(n)	deal with any other matter necessary for the conduct of an election.
(2)	If the returning officer is satisfied that the terms of a resolution made under subregulation (1) have not been complied with to an extent that materially compromises the proper outcome of an election, the returning officer may declare the election void.
(3)	A casual vacancy is to be taken to have occurred in the event of a declaration being made under subregulation (2).
Note
Regulation 17 deals with the filling of casual vacancies.
16	Term of office of members
(1)	Subject to regulation 16A and 16B, the Academic Board shall have a continuing rotating membership with half its members being elected each year. A member other than an ex officio member or a president or a vice-president will be appointed or elected (as the case may be) for a 2 year term commencing 1 July following their appointment or election.
(2)	The term of office of a member of the Academic Board referred to in sub- regulation 12 (1)(c)(iv), (v) (vi) or (vii) is 2 years commencing 1 January following their election.
(3)	A member of the Academic Board is eligible for re-appointment or re- election if they are still qualified for appointment or election.
(4)	A member of the Academic Board, other than the president or a vice-president, ceases to hold the office of member if they:
(a)	resign by writing signed by themselves and addressed to the president; or
(b)	are absent from 3 consecutive ordinary meetings of the Academic Board without leave granted by the Academic Board at or before the last of those 3 meetings; or
(c)	cease to hold a qualification required for appointment or election to the office.
16A	Transitional provision
(1)	At the second meeting of the Academic Board in 2017, the Academic Board will:
(a)	divide each of its classes of membership of elected staff and elected students and the appointed staff members, into two groups of as near as possible equal numbers; and
(b)	designate that the term of office of the first group will:
(i)	in the case of elected staff members, expire on 30 June 2018; and
(ii)	in the case of elected student members, expire on 31 December 2018; and
(iii)	in the case of appointed staff members, expire on 30 June 2018; and
(c)	designate that the terms of office of the second group will:
(i)	in the case of elected staff members, expire on 30 June 2019; and
(ii)	in the case of elected student members, expire on 31 December 2019; and
in the case of appointed staff members, expire on 30 June 2019.
(2)	The Academic Board will hold an election to fill the positions under subregulations 12(c)(ii) and 12(c)(vii) prior to the end of 2020. 
(3)	The members of the Academic Board elected to fill a position under subregulation 12(c)(ii) prior to the end of 2020 will be elected for a term of 1 year and 6 months commencing 1 January 2021. 
16B	Extension of terms of members due to COVID-19 pandemic
(1)	The term of office of a member of the Academic Board referred to in regulation 12(1)(c)(i), who commenced their term of office on 1 July 2018 is 2 years and 6 months, with the term of office to expire on 31 December 2020.
(2)	A member of the Academic Board elected to fill a vacancy created due to the expiry of the term of a member of the Academic Board referred to in subregulation (1), will be elected for a term of 1 year and 6 months commencing 1 January 2021. 
17	Casual vacancies
(1)	A casual vacancy in the office of president or a vice-president is to be filled by the members of the Academic Board electing one of their number who is qualified for election to that office for the balance of the term.
(2)	A casual vacancy in any other office of member of the Academic Board (including one arising because of an election referred to in subregulation (1) or from a failure to appoint or elect a member) is, if occurring more than 3 months before the expiration of the term of that office, to be filled for the balance of the term as follows:
(a)	in the case of the office of a member referred to in regulation 12(1)(b) or 12(1)(c)(i), by an appropriately qualified person nominated by the dean of the faculty;
(b)	in the case of the office of a member referred to in regulation 12(1)(c)(iii), by an appropriately qualified person nominated by the directors referred to in that regulation;
(c)	in the case of the office of a member referred to in regulation 12(1)(c)(iv), by an appropriately qualified person nominated by the presidents of the University student associations;
(d)	in the case of the office of a member referred to in regulation 12(1)(c)(v) or (vi), by an appropriately qualified person nominated by the Monash Postgraduate Association Inc.
a.	in the case of the office of a member referred to in regulation 12(1)(c)(ii), or 12(1)(c)(vii), by an appropriately qualified person nominated by the Pro Vice-Chancellor of Monash Malaysia;
18	Meetings of the Academic Board
(1)	An ordinary meeting of the Academic Board must be held at least 4 times each year.
(2)	A special meeting of the Academic Board must be held if called by the Chancellor or the Vice-Chancellor or requested in writing by 10 members of the Academic Board.
(3)	The secretary to the Academic Board must give at least 7 days’ notice of a meeting of the Academic Board to each member, specifying the time, place and agenda of the meeting.
(4)	If not less than two-thirds of the members of the Academic Board so agree, a meeting, or part of a meeting, of the Academic Board may be held by a method of communication, or by means of a combination of methods of communication, approved by the president for the purposes of that meeting.
(5)	A member of the Academic Board who participates in a meeting held in accordance with subregulation (4) is present at the meeting even if that member is not physically present at the same place as another member participating in the meeting.
(6)	A report of the proceedings of each meeting of the Academic Board must be submitted to the next ordinary meeting of the Council.
19	Resolutions without meetings of the Academic Board
(1)	If a majority of the members for the time being of the Academic Board indicate, in the manner specified by the president, that they are in favour of a resolution in terms set out in a document circulated by, or on behalf of, the president, a resolution in those terms must be taken to have been passed at a meeting of the Academic Board held on the day on which that majority is achieved.
(2)	If a resolution is taken to have been passed at a meeting of the Academic Board under subregulation (1), each member must:
(a)	be advised as soon as practicable; and
(b)	be given a copy of the terms of the resolution.
(3)	In this regulation, member, in relation to a resolution, does not include a member who, by reason of regulation 20, is not permitted to vote on the resolution.
20	Declaration of pecuniary interests of Board members
(1)	A member of the Academic Board who has a pecuniary interest in a matter being considered or about to be considered by the Academic Board must, as soon as practicable after the relevant facts have come to that member’s knowledge, declare the nature of the interest:
(a)	at a meeting of the Academic Board; or
(b)	in writing addressed to the president.
(2)	If the president receives a written declaration under subregulation (1), they must report it, or cause it to be reported, at the next meeting of the Academic Board.
(3)	The person presiding at a meeting at which a declaration is made under subregulation (1) or reported under subregulation (2) must cause a record of the declaration to be made in the minutes of the meeting.
(4)	After a declaration is made under subregulation (1) by a member of the Academic Board:
(a)	unless the Academic Board otherwise directs, the member must not be present during any deliberation with respect to the matter; and
(b)	the member is not entitled to vote on the matter; and
(c)	if the member does vote on the matter, the vote must be disallowed.
21	How questions are to be decided and quorum
(1)	A quorum at a meeting of the Academic Board is one-third of the members holding office for the time being excluding any member who is on leave of absence granted by the Academic Board.
(2)	Subject to any resolution of the Council requiring a specified majority of members or of members present and voting on any particular question, all questions which come before any meeting of the Academic Board must be decided by a majority of the members present.
(3)	The person presiding at a meeting of the Academic Board has a vote and, in the event of the votes on any question being equal, a casting vote.
(4)	Subject to this Part, the Academic Board may regulate its own meeting procedure.
22	Review of decisions
The Council may at any time, on its own initiative or at the request of the Vice-Chancellor, review any decision of the Academic Board.
23	Validity of acts or decisions
(1)	An act or decision of the Academic Board or a committee of the Academic Board is not invalid merely because of:
(a)	a defect or irregularity in, or in connection with, the appointment or election of a member; or
(b)	a vacancy in membership, including a vacancy arising from the failure to appoint or elect a member.
(2)	Anything done by or in relation to a person purporting to act as the president, or as a vice-president or member, of the Academic Board or as a member of a committee of the Academic Board is not invalid merely

because:

(a)	the occasion for so acting had not arisen; or
(b)	there was a defect or irregularity in, or in connection with, the appointment or election of the person; or
(c)	the person had ceased to hold office.
24	Transitional provision
Subject to any resolution of the Council, the Academic Board in existence immediately before the commencement of these Regulations continues to exist and its members:
(a)	are taken to have been appointed or elected in accordance with this Part; and
(b)	continue in office on the same terms and conditions as those on which they were appointed or elected.
Part 6	Deans
25	Deans
(1)	The Vice-Chancellor may appoint a person to be the dean of a faculty or of a sub-faculty when there is a vacancy in that office.
(2)	A dean holds office:
(a)	for a term not exceeding 5 years fixed by the Vice-Chancellor and specified in the dean’s contract of employment; and
(b)	on the conditions determined by the Vice-Chancellor.
(3)	A dean is eligible for reappointment to that office.
(4)	The Vice-Chancellor must inform the Council as soon as practicable of the appointment of a dean.
(5)	The Vice-Chancellor may appoint an acting dean during the period of any absence of the dean from the University.
Note
The functions, duties and accountabilities of deans are set out in regulation 6 of the Monash University (Vice-Chancellor) Regulations.
26	Deputy deans, associate deans, etc.
To assist a dean in carrying out their functions, powers and duties, the Vice-Chancellor, on the recommendation of the dean, may appoint one or more deputy deans or associate deans.
27	Delegation
The dean may delegate to any member, or body of members, of the faculty or sub-faculty or to a university body or to any member, or body of members, of a university body any of the dean’s functions, powers or duties, other than a power or function of the Council delegated to the dean by the Council.
Part 7	Student Discipline
28	Interpretation
(1)	In this Part:
academic misconduct: see regulation 30(4);
bully, in relation to a person, means to engage in repeated unreasonable behaviour, whether physical, oral or written, directed to that person of a kind that creates a risk to the health or safety of that or any other person;
collusion means unauthorised collaboration with another person on assessable oral, written or practical work;
decision maker means responsible officer or panel, as the case requires;
general misconduct: see regulation 30(3);
haze means any action or situation in the context of a group of persons, with or without the consent of participants, which may cause or be likely to cause humiliation, discomfort, embarrassment, abuse or physical and or emotional harm to any individual or group. 
hearing means hearing by a panel;
misconduct means general misconduct, academic misconduct or research misconduct;
panel means student misconduct panel, student appeals panel, research discipline panel or university discipline panel, as the case requires;
partner institution means an educational institution with which the University offers one or more joint degrees or other awards;
plagiarism means taking and using another person’s ideas or manner of expressing them and passing them off as one’s own;
research discipline panel means the panel established under regulation 34;
research misconduct: see regulation 30(5);
responsible officer, in relation to a class or classes of misconduct or a specific power, means the member of staff who is specified by the Vice-Chancellor, by notice published on the University website, as the responsible officer for misconduct of that class or classes or exercise of that power;
security officer means the security manager of the University or any of the following who reports directly to them:
(a)	the member of staff of the University responsible for security investigations;
(b)	the member of staff of the University responsible for the University’s security operations;
(c)	the members of staff of the University responsible for overseeing security operations across a campus;
(d)	a person employed or engaged by the University to perform security duties in relation to any land or other property owned or occupied by the University and who is the most senior such person then on duty;
senior member of the academic community means a person who has experience relevant to an allegation of research misconduct, whether or not they are a member of staff of the University;
staff means persons employed by the University and/or persons employed by another entity to work at an international campus or international teaching location under the direct or indirect control of the University. 
student appeals panel means the panel established under regulation 35.
student misconduct panel means the panel established under regulation 33.
university discipline panel means the panel established under regulation 36.
(2)	For the purposes of this Part, a reference to the University as a location or to a university precinct includes, for a student admitted at any time before 1 January 2014 to a course of study for a degree or other award being undertaken at the Gippsland campus, a reference to the Gippsland campus.
(3)	If under this Part a responsible officer is authorised or required to refer a report of misconduct to a panel for hearing and determination by it, the responsible officer may do so by notifying the person or body empowered to appoint members of the panel.
(4)	In applying this Part to the Centre for Professional Development and Online Education and Centre for Professional Development and Online Education Courses, any reference to the dean of a faculty is to be read as a reference to the Deputy Vice-Chancellor (Education) and any reference to a faculty is to be read as a reference to the Centre for Professional Development and Online Education.
29	Partner Institutions
(1)	Subregulation (2) applies if:
(a)	a student is undertaking a joint degree or other award between the University and a partner institution; and
(b)	the partner institution has found that the student has committed an act of misconduct.
(2)	The responsible officer or a panel (including a panel that is to hear and determine an appeal and the chair of such a panel) may adopt the finding of the partner institution as their own decision.
(3)	Before adopting a finding of a partner institution, the responsible officer, a panel or a panel chair must be satisfied that:
(a)	the rules of natural justice were observed in the making of the finding by the partner institution; and
(b)	the process followed by the partner institution was in compliance with any relevant legislative requirement imposed on the University.
(4)	To avoid doubt, if a decision is made by the responsible officer, a panel or a panel chair by adopting the finding of a partner institution, the responsible officer, panel or panel chair is not required to follow the decision-making process set out in this Part.
30	Misconduct offences
(1)	In this regulation, person means a person at or in the vicinity of:
(a)	a university precinct; or
(b)	another place where a university activity is taking place, is about to take place or has just taken place.
(2)	A student who commits, or attempts to commit, or assists or encourages another student to commit, an act of general misconduct, academic misconduct or research misconduct commits a misconduct offence.
(3)	General misconduct is conduct that is contrary to accepted standards of behaviour. This includes, but is not limited to, conduct by which a student knowingly or recklessly:
(a)	causes, or threatens to cause, harm of any kind, including but not limited to physical harm or psychological harm, to another person; or
(b)	attacks, harasses, intimidates, stalks, bullies, hazes, vilifies or victimises another person or threatens to attack, harass, intimidate, stalk, bully, haze, vilify or victimise another person; or
(c)	has non-consensual sexual contact with another person;
(d)	causes, or threatens to cause, or behaves in a manner likely to cause, damage to, loss of, interference with or obstruction of the use of, property of the University or of another person; or
(e)	breaches a law of a country in which the student is located for the purposes of a university activity; or
(f)	breaches a University statute or University regulation or a published policy or procedure of the University; or
(g)	disrupts the orderly conduct of a university activity; or
(h)	in the course of any dealing with the University or with a member of staff, makes a dishonest or false statement or representation or engages in a dishonest or fraudulent activity; or
(i)	fails to comply with a reasonable direction of a member of staff, including a request made by a security officer to produce identification, leave a University precinct or not to enter, access or otherwise be present on or in a University precinct; or
(j)	breaches the rules of a scheduled final assessment or possesses material during a scheduled final assessment contrary to the instructions of the chief examiner or other staff member supervising that assessment.
(4)	Academic misconduct is conduct by which a student seeks to gain for themselves or another person an unfair or unjustified academic advantage in a course of study or unit of study. This includes, but is not limited to, conduct by which a student:
(a)	knowingly cheats in any work required to be submitted for assessment; or
(b)	knowingly or recklessly:
(i)	breaches the conditions or requirements set for an assessment or other work; or
(ii)	engages in an act of plagiarism or collusion or otherwise breaches the academic integrity requirements of the University; or
(iii)	breaches a published university policy on a matter of an academic nature.
(5)	Research misconduct is conduct by a student in connection with research that is dishonest, reckless or negligent and that seriously deviates from accepted standards for proposing, conducting or reporting research. This includes, but is not limited to:
(a)	plagiarism; or
(b)	breach of copyright; or
(c)	misleading attribution of authorship; or
(d)	omitting references to relevant published work of another person; or
(e)	taking without authority, or hiding or damaging, property of another person related to research; or
(f)	failing to obtain any required ethics clearance before commencing research or performing any step in research; or
(g)	using information in breach of a duty of confidentiality; or
(h)	submitting false results to a supervisor, examiner or publisher; or
(i)	making a false or misleading statement or representation or otherwise engaging in false or misleading conduct.
31	Reports to, and investigations of misconduct by, responsible officers
(1)	A member of staff, who has reasonable grounds to believe that a student has committed a misconduct offence must report the matter to the responsible officer, either orally or in writing, except where the report of misconduct is of a sexual nature in which case the report should only be reported to the responsible officer with the prior consent of the person towards whom the misconduct was allegedly directed towards.
Note
In addition the person or the responsible officer may report the matter to: the campus safety branch where the report of misconduct is of a sexual nature; the conduct review officer under Part 13 to consider an interim decision to suspend, exclude or refuse admission or enrolment to the person; or, a security officer so that a direction may be issued under Part 14.
(2)	A responsible officer who receives a report of misconduct may:
(a)	refer it to another responsible officer if satisfied that the other officer is the appropriate responsible officer; or
Note
A report of misconduct of a sexual nature may only be dealt with by a responsible officer for general misconduct. 
(b)	dismiss the report and take no further action if satisfied that the report:
(i)	does not constitute an allegation of a misconduct offence; or
(ii)	is minor, trivial, vexatious or frivolous in nature; or
(c)	deal with the report in another way if satisfied that the report should not be the subject of a formal disciplinary process; or
(d)	investigate the matter; or
(e)	refer the matter to an appropriate panel for hearing and determination.
(3)	A responsible officer who has reasonable grounds to believe that a student has committed a misconduct offence may investigate the matter, whether or not a report has been made under subregulation (1).
32	Investigation by responsible officer
(1)	Where under this Part a responsible officer is required to or may conduct an investigation, the responsible officer must conduct the investigation in accordance with this regulation.
(2)	The responsible officer must notify the student concerned of the allegation and provide them with a reasonable opportunity to respond to it.
(3)	A student may be accompanied and assisted, but not legally represented, by one other person at any meeting with the responsible officer.
(4)	When conducting an investigation, a responsible officer may:
(a)	make enquiries and inform themselves in any manner that they think fit
(b)	determine their own procedure;
(c)	refer the report to an appropriate panel for hearing and determination;
(d)	do anything else necessary for, or in connection with, the conduct of the investigation.
(5)	A responsible officer, in conducting an investigation, is bound by the rules of natural justice but not by the rules of evidence.
(6)	The responsible officer may suspend an investigation at any time and refer it to an appropriate panel for hearing and determination.
(7)	After conducting an investigation the responsible officer may:
(a)	dismiss the report or allegation if satisfied that the misconduct has not been proved; or
(b)	find that a misconduct offence has been proved; or
(c)	refer it to an appropriate panel for hearing and determination; or
(d)	determine that it be dealt with in another way.
(8)	The responsible officer must notify the student concerned of their decision, the reasons for it and the penalty (if any) imposed within 7 days after the decision is made.
33	Student misconduct panels
(1)	This regulation does not apply to Monash South Africa in relation to general misconduct.
(2)	The Vice-Chancellor must appoint a pool of persons who, in the Vice-Chancellor’s reasonable opinion, are suitable for appointment as members of student misconduct panels.
(3)	In appointing persons as members of the pool referred to in subregulation (2), the Vice-Chancellor must:
(a)	appoint members who are either staff or students, based on their experience and qualifications; and
(b)	seek, to have diverse representation in the pool.
(4)	A person may be appointed as a member of the pool in subregulation (3) for a term not exceeding 2 years and is eligible for re-appointment. 
(5)	For the purposes of hearing and determining any matter that, by these regulations, is required to or may be heard and determined by a student misconduct panel:
(a)	The senior officer responsible for operational affairs of the University; or
(b)	if the panel is to be convened at Monash University Malaysia, to determine a report of general misconduct alone, the head of the central area of Monash University Malaysia that is responsible for student services,
must appoint a student misconduct panel from persons who are members of the pool appointed under subregulation (2).
(6)	A student misconduct panel must consist of:
(a)	a member of staff who is to be the chair; and
(b)	a second member of staff; and
(c)	a student.
(7)	The senior officer responsible for operational affairs of the University must annually cause a confidential report to be made to:
(a)	the Vice-Chancellor on the outcomes of student misconduct panels relating to general misconduct; and  
(b)	to the Chair of the Academic Board on the outcomes of student misconduct panels relating to academic misconduct.
(8)	A student misconduct panel may hear and determine:
(a)	a report of an act of academic misconduct; 
(b)	a report of an act of general misconduct; and 
(c)	a report of an act that involves both academic misconduct and general misconduct.
34	Research discipline panels
(1)	The Graduate Research Committee must appoint a research discipline panel.
(2)	A research discipline panel consists of:
(a)	a member of the Graduate Research Committee nominated by the Committee or, if the panel is to be convened at Monash South Africa or Monash University Malaysia, a person located there nominated by the Committee, who is the chair; and
(b)	a member of the academic staff of the University, or a senior member of the academic community, appointed by the Graduate Research Committee or, if the panel is to be convened at Monash South Africa or Monash University Malaysia, a person employed  in an academic position at that location nominated by the Pro Vice- Chancellor responsible for the location or, if the location does not have a Pro Vice-Chancellor, nominated by a person employed in  an academic position at the location and responsible for the academic leadership of the location; and
(c)	a higher degree by research student appointed by the Graduate Research Committee.
(3)	If the matter to be heard and determined by the panel involves an allegation of academic misconduct in a unit of study, the person to be appointed under subregulation (2)(b) must be a member of the academic staff nominated by the dean of the teaching faculty.
(4)	The chair of the Graduate Research Committee must annually cause a confidential report to be made to the Academic Board on the proceedings of each research discipline panel.
(5)	A research discipline panel may hear and determine:
(a)	a report of an act of research misconduct or a report of an act of misconduct that involves research misconduct and any other type of misconduct; and
(b)	an appeal from a decision of a responsible officer finding that a misconduct offence has been committed that comprises research misconduct or research misconduct and any other type of misconduct.
34A	Student appeals panel
(1)	This regulation does not apply to Monash South Africa.
(2)	For the purposes of hearing and determining any matter that, by these regulations, is required to or may be heard and determined by the student appeals panel:
(a)	a senior officer specified by the Vice-Chancellor in a notice published on the University website;
(b)	or if the panel is to be convened at Monash University Malaysia, to determine a report of general misconduct alone, the Pro Vice-Chancellor of Monash University Malaysia;
must appoint a student appeals panel comprising persons who, in the reasonable opinion of that person, are suitable for appointment as members of a student appeals panel.
(3)	A student appeals panel must consist of:
(a)	a person, who may be a member of staff or may be external to the University, who is to be the chair; and
(b)	a member of staff; and
(c)	a student.
(4)	The senior officer responsible for operational affairs of the University and the Pro Vice-Chancellor of Monash University Malaysia must annually cause a confidential report to be made to the Vice-Chancellor on the proceedings of each student appeals panel.
(5)	A student appeals panel may hear and determine:
(a)	an appeal from a decision of a responsible officer as set out under regulation 45(7); 
(b)	an appeal from a decision of the student misconduct panel
35	University discipline panel pool
(1)	The Academic Board must appoint a pool of persons eligible for appointment as members of a university discipline panel.
(2)	The pool must consist of:
(a)	at least 6 members of the academic staff of the faculty of law;
(b)	at least 2 members of the academic staff of each other faculty located at an Australian campus;
(c)	at least 2 members of staff located at an Australian campus nominated by the senior officer responsible for administrative operations of the University;
(d)	at least 2 persons employed in an academic position at Monash South Africa;
(e)	at least 2 persons employed in an academic position at Monash University Malaysia;
(f)	up to 6 undergraduate students from any recognised association undertaking a course of study at an Australian campus;
(g)	up to 6 undergraduate students undertaking a course of study at Monash South Africa;
(h)	up to 6 undergraduate students undertaking a course of study at Monash University Malaysia;
(i)	up to 6 graduate or postgraduate students from any recognised association undertaking a course of study at an Australian campus;
(j)	up to 6 graduate or postgraduate students undertaking a course of study at Monash South Africa;
(k)	up to 6 graduate or postgraduate students undertaking a course of study at Monash University Malaysia;
(l)	up to 5 persons who are former members of the Graduate Research Committee and who are located at an Australian campus;
(m)	up to 5 persons who are former members, or representatives, of the Graduate Research Committee and who are located at Monash South Africa;
(n)	up to 5 persons who are former members, or representatives, of the Graduate Research Committee and who are located at Monash University Malaysia.
(3)	While there remains any student admitted to a course of study for a degree or other award being undertaken at the Gippsland campus, the pool may include 2 persons employed by Federation University Australia in an academic position at the Gippsland campus.
(4)	In appointing persons as members of the pool, the Academic Board must:
(a)	appoint members, who are staff members of the University, based on their experience and qualifications; and
(b)	seek, as nearly as possible, to have an equal gender balance in the pool; and
(c)	seek, as nearly as possible, in appointing members who are located at Monash South Africa or Monash University Malaysia, to ensure that all equity groups there are represented.
(5)	A person may be appointed as a member of the pool for a term not exceeding 2 years and is eligible for re-appointment.
(6)	A person who is appointed as a member of the pool and who ceases to belong to their category of appointment ceases to be a member.
36	Appointment of university discipline panel
(1)	For the purposes of hearing and determining any matter that, by these regulations, is required to or may be heard and determined by the university discipline panel, the president of the Academic Board must appoint a university discipline panel from persons who are members of the pool appointed under regulation 35.
(2)	A university discipline panel must consist of three members, and must include:
(a)	if the panel is to hear an appeal: a member of the academic staff of the faculty of law or, if the panel is to be convened at Monash South Africa or Monash University Malaysia, at least one person employed in an academic position at that location who is legally qualified, who is the chair; and
(b)	if the panel is not hearing an appeal: a member of the academic staff of a faculty, who is the chair; and
(c)	in all cases: a second member of the panel who is
(i)	subject to subregulation (2A), a member of the academic staff of a faculty, or
(ii)	where the report or appeal includes an allegation of research misconduct, a former member of the Graduate Research Committee, or
(iii)	if the panel is to be convened at Monash South Africa or Monash University Malaysia, a person employed at that location, and
(d)	in all cases: a third member of the panel who is a student.
(2A)	In all cases, there shall not be two members of staff on a university discipline panel from the faculty of law.
(3)	Where reasonably practical, the president of the Academic Board must appoint under subregulation (2)(d):
(a)	an undergraduate student if the student concerned is one; or
(b)	a postgraduate student if the student concerned is one; or
(c)	a higher degree by research student, if the student concerned is one; or
(d)	a member of a recognised association related to, or connected with, the student’s campus.
(4)	A member of the pool who is located at Monash South Africa or Monash University Malaysia is only eligible to be appointed as a member of a university discipline panel that is to be convened there.
(5)	The senior officer responsible for operational affairs of the University, must annually cause a confidential report to be made to the Academic Board on the proceedings of each university discipline panel.
(6)	Subject to subregulation (7), a university discipline panel may hear and determine an appeal from a decision of a research discipline panel involving any type or types of misconduct.
(7)	A university discipline panel convened at Monash South Africa may hear and determine:
(a)	a report of general misconduct, a report of academic misconduct, or a report of misconduct that involves both general misconduct and academic misconduct  
(b)	an appeal from a decision of a responsible officer that a misconduct offence has been committed; and
(c)	an appeal from a decision of a panel finding that a misconduct offence has been committed involving any type or types of misconduct.
37	General provisions applying to membership of all panels
(1)	None of the following is to be appointed as a member of a panel convened to hear a report of misconduct or an appeal:
(a)	a person who reported or witnessed the alleged misconduct;
(b)	a person who, as a responsible officer, conducted an investigation of the report or assisted a responsible officer in doing so;
(c)	in the case of an appeal, a person who was a member of a panel that made the decision under appeal;
(d)	a person who, in the opinion of the person or body responsible for making the appointment, is affected by a reasonable apprehension of bias.
(2)	A person who is appointed as a member of a panel and who ceases to belong to their category of appointment may continue as a member if they are still a member of staff or a student, as the case requires.
(3)	If at any time before a panel has completed the hearing and determination of a matter, a member becomes unwilling or unable to fulfil their duties as a member, the person or body empowered to appoint members of the panel may substitute that member with another member belonging to the same category of appointment.
38	Convening of panel and objections
(1)	On being notified that a report of misconduct is to be referred to a panel, the person or body empowered to appoint the members must convene a panel.
(2)	The chair of the panel must notify the student concerned of the allegation and that a hearing will be held.
(3)	The chair of the panel must cause a hearing notice to be given to the student as soon as possible setting out:
(a)	the names of the panel members; and
(b)	the names of the witnesses whose evidence is proposed to be relied on at the hearing and the nature of that evidence; and
(c)	the date, time and place for the hearing, which must be not earlier than 10 working days after the giving of the notice unless the student has agreed to an earlier date.
(4)	The student concerned may:
(a)	elect to be heard by a panel comprised of an additional person appointed according to sub-regulation 33(3), 34(3), 34A(3), or 36(3) as the case may be, in substitution for the student;
(b)	object to a panel member on the ground of actual bias or a reasonable apprehension of bias.
(5)	An objection must:
(a)	be in writing and provide full particulars of the allegation of actual bias or reasonable apprehension of bias; and
(b)	be delivered to the person or body that appointed the panel within 4 working days after the date of service of the hearing notice.
(6)	A person or body, on receiving an objection under subregulation (5)(b), may:
(a)	without making a finding, appoint a substitute panel member belonging to the same category of appointment and notify the student concerned of the name of that member; or
(b)	require the senior officer responsible for operational affairs of the University to appoint an adjudicator who is a legally qualified person, to consider and determine the objection.
(7)	When considering an objection, the adjudicator may:
(a)	make enquiries and inform themselves in any manner that they think fit; and
(b)	determine their own procedure.
(8)	The adjudicator, in considering an objection, is bound by the rules of natural justice but not by the rules of evidence.
(9)	After considering an objection the adjudicator may:
(a)	dismiss the objection if satisfied that it is not substantiated; or
(b)	uphold the objection if satisfied that there is actual bias or a reasonable apprehension of bias and direct that a substitute panel member be appointed.
(10)	The person or body empowered to appoint members must notify the student of the outcome of the determination of the adjudicator under subregulation (9) and, if a substitute panel member is appointed, of the name of that member.
(11)	If an objection is not determined before the date specified in the hearing notice given under subregulation (3), the hearing must be delayed.
39	Appointment of advisers to panels
(1)	The chair of a panel may appoint one or more members of staff or, in the case of a research discipline panel, one or more senior members of the academic community as advisers to the panel.
(2)	If the chair of a panel convened at Monash South Africa or Monash University Malaysia is not a member of the faculty of law, the chair may appoint a person who is legally qualified in South Africa or Malaysia (as the case requires) as an adviser to the panel.
(3)	An adviser may attend a hearing of the panel and provide assistance and information to it but has no voting or decision-making rights.
40	Student response to hearing notice
(1)	The student must, not later than 4 working days before the date of the hearing or as otherwise agreed by the chair of the panel, give the chair written notice of:
(a)	the student’s response to the alleged misconduct; and
(b)	the names of any witnesses attending to give evidence for the student; and
(c)	the names of any witnesses set out in the hearing notice given to that student under regulation 38(3) that the student wishes to question; and
(d)	subject to subregulation 40(2), (3) and (4), the name and qualifications of any person the student wishes to be accompanied and assisted or represented by at the hearing.
(2)	A student may be accompanied and assisted, but not legally represented, by one other person at a hearing before a panel, other than the hearing of an appeal before a student appeals panel or university discipline panel.
(3)	At the hearing of an appeal before a student appeals panel or university discipline panel a student may be accompanied and assisted or represented by one other person who may be legally qualified.
(4)	If a student is represented by a legally qualified person at a hearing, the University may also be legally represented by one other person at the hearing.
41 	Panel hearings
(1)	A panel may:
(a)	make enquiries and inform itself in any manner that it thinks fit; and
(b)	determine its own procedure; and
(c)	do anything else necessary for, or in connection with, the conduct of the hearing.
(2)	When conducting a hearing a panel is bound by the rules of natural justice but not by the rules of evidence.
(3)	A panel may adjourn a hearing at any time, with or without conditions.
(4)	On hearing a matter involving alleged academic misconduct a panel may consider evidence of previous advice or instruction provided to the student by the University regarding plagiarism, collusion or cheating or any other academic integrity requirement of the University.
(5)	At a hearing the student has the right to:
(a)	question witnesses as notified under regulation 40 or otherwise allowed by the chair; or
(b)	call witnesses to give evidence on their behalf as notified under regulation 40 or otherwise allowed by the chair; or
(c)	produce documents; or
(d)	present their case, give evidence or make oral or written submissions.
(6)	If a student is unwilling or unable to attend or participate in a hearing, the panel may determine the matter in the student’s absence, subject to reasonable accommodations for any illness, disability or other reason determined by the panel.
(7)	After the hearing is concluded the panel, by a unanimous or majority decision, may:	
(a)	dismiss the report of misconduct or uphold the appeal, as the case requires, if satisfied that the misconduct has not been proved; or
(b)	find that a misconduct offence has been proved and impose a penalty; or
(c)	refer the report back to the responsible officer; or
(d)	determine that it be dealt with in another way.
(8)	The chair must notify the student concerned of the decision of the panel, the reasons for it and the penalty (if any) imposed within 7 working days after the decision is made.
42	Penalties
(1)	When imposing a penalty a decision maker must have regard to the following:
(a)	the objective of punishing the student;
(b)	the objective of deterring future misconduct;
(c)	the objective of rehabilitating the student;
(d)	the objective of protecting the university community or a university precinct;
(e)	the objective of protecting any relevant public interest;
(f)	the nature and severity of the misconduct;
(g)	the personal circumstances of the student;
(h)	any measures already taken in relation to the student in response  to the misconduct;
(i)	any loss, damage or harm caused by the misconduct to the University or any other person;
(j)	any previous findings of misconduct against the student;
(k)	any guidance issued by the Council.
(2)	The penalties available for a misconduct offence involving an act of general misconduct are:
(a)	a recording of the fact and nature of the misconduct offence on the student’s record;
(b)	a reprimand;
(c)	with the agreement of the student, a consent penalty;
Note
See regulation 43(1) for consent penalties for an act of general misconduct.
(d)	placing a restriction on a student contacting certain staff or students or groups of staff or students;
(e)	a fine not exceeding 5 penalty units or, in the case of a student enrolled at a location outside of Australia, an amount determined as equivalent, having regard to local economic conditions, by the Pro Vice-Chancellor responsible for that location or, if the location does not have a Pro Vice-Chancellor, determined by a person employed in an academic position at the location and responsible for the academic leadership of the location;
(f)	a requirement to make good any damage caused by way of restitution;
(g)	a prohibition from entering a specified university precinct for a
specified period;
Note
See regulation 44(1).
(h)	suspension from a course of study or a unit of study;
Note
See regulation 44(2).
(i)	exclusion from the University.
Note
See regulation 44(3).
(3)	The penalties available for a misconduct offence involving an act of academic misconduct are:
(a)	a penalty specified in subregulation (2);
Note
See regulation 43(2) for consent penalties for an act of academic misconduct.
(b)	prohibition of the assessment of any work that has not been assessed, or disallowance of the mark given to assessed work, with or without allowance to resubmit the work within a specified period on specified conditions;
(c)	imposition of a mark of zero in the unit of study of which the work forms the whole or a part.
(4)	The penalties available for an act of research misconduct are:
(a)	a penalty specified in subregulation (2);
Note
See regulation 43(3) for conditional penalties for an act of research misconduct.
(b)	prohibition of the assessment of any research that has not been assessed or disallowance of the mark given to assessed research, with or without allowance to resubmit the research within a specified period on specified conditions;
(c)	notification of a person affected by the misconduct of the act of research misconduct.
(5)	Any penalty may be imposed with conditions.
(6)	A penalty must be imposed unless the decision maker is satisfied that:
(a)	the misconduct offence was minor in nature; and
(b)	the student is unlikely to engage in another misconduct offence.
(7)	The Vice-Chancellor, by notice published on the University website, may limit the penalties or range of penalties available for a misconduct offence in the case of a decision maker of a class specified in the notice.
(8)	Without limiting subregulation (7), a notice under that subregulation may fix the amount of the fine that may be imposed by a responsible officer for a misconduct offence involving misconduct specified in the notice.
(9)	The responsible officer or panel may disclose the penalty resulting from a misconduct offence to any person or persons who were affected by the misconduct.
43	Provisions about consent penalties
(1)	A consent penalty for a misconduct offence involving general misconduct may include a requirement that the student:
(a)	seek counselling; or
(b)	assist with a university event or activity; or
(c)	apologise to any person aggrieved by the misconduct; or
(d)	write a reflective piece in relation to the misconduct.
(2)	A consent penalty for a misconduct offence involving an act of academic misconduct may include a requirement that the student:
(a)	not enrol in more than a specified number of units of study; or
(b)	enrol in a particular unit of study; or
(c)	develop a study plan to be approved as specified by the decision maker; or
(d)	write a reflective piece in relation to the misconduct; or
(e)	seek academic counselling; or
(f)	make contact with a course supervisor at specified intervals; or
(g)	meet any conditions or requirements imposed by an academic progress committee.
(3)	A consent penalty for a misconduct offence involving research misconduct may include a requirement that the student:
(a)	withdraw or remove the research from publication; or
(b)	withdraw or remove any data from publication; or
(c)	apologise to any person aggrieved or affected by the misconduct; or
(d)	write a reflective piece in relation to the misconduct; or
(e)	seek academic counselling or research skill development.
(4)	If a student fails to comply with a consent penalty, the decision maker may:
(a)	extend the time for compliance or waive compliance; or
(b)	annul the penalty and impose a new penalty.
(5)	If the decision maker annuls the penalty and imposes a new penalty under subregulation 4(b), they must notify the student concerned of their decision within seven working days, such notice is to be considered as the notice of decision for the purpose of regulation 45(6)(b).
44	Effect of prohibition, suspension or exclusion
(1)	A student who is prohibited from entering a university precinct for a period remains a student and is not precluded from pursuing any course of study or unit of study during that period but must not be present on or in the precinct.
(2)	A student who is suspended from a course of study or a unit of study remains a student but must not, without the written consent of the associate dean of the managing faculty, during the period of the suspension:
(a)	attend or participate in any lecture, tutorial or other learning activity; or
(b)	submit any work for assessment or research;
(c)	gain any credit towards the course of study or unit of study; or
(d)	have their degree conferred on them or any other award granted to them. 
(3)	A student who is excluded from the University ceases to be a student.
Note
See regulation 14 of the Monash University (Vice-Chancellor) Regulations for the refusal and cancellation of admission and enrolment of a student excluded from the University.
(4)	Subject to subregulation (5), a suspension from a course of study or unit of study or an exclusion from the University imposed by a responsible officer or a panel does not take effect until:
(a)	the time allowed for making an appeal expires; or
(b)	if an appeal is made and the decision is affirmed, the final determination of the appeal.
(5)	A panel may order that a suspension or exclusion takes effect immediately if satisfied that exceptional circumstances exist that make doing so reasonably necessary.
(6)	Without limiting subregulation (5), exceptional circumstances include where the student:
(a)	is under 18 years of age and refuses to maintain care arrangements approved under the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007, as amended and in force for the time being; or
(b)	is missing; or
(c)	has medical concerns that endanger the student’s well-being; or
(d)	has engaged, or threatens to engage, in behaviour that is reasonably believed to endanger the student or any other person; or
(e)	is at risk of committing a criminal offence.
44A	Suspension of penalties
The decision maker when imposing a penalty may suspend the operation of that penalty for a period of up to five years on condition that, during the term of the suspension, the student does not commit another act of misconduct and on any additional conditions as the decision maker thinks fit. If, at the end of the period of the suspension of a penalty, all of the conditions on which the suspension depends are met, the original penalty will be automatically vacated.
45	Appeals
(1)	A student found to have committed a misconduct offence may appeal on a ground specified in subregulation (3) against:
(a)	the finding and penalty; or
(b)	the penalty alone.
(2)	A student may not appeal against the finding if they admitted committing the misconduct offence to the responsible officer or panel.
(3)	The grounds are:
(a)	subject to subregulation (4), actual bias or a reasonable apprehension of bias on the part of the responsible officer or a panel member; or
(b)	subject to subregulation (5), the penalty is excessive; or
(c)	new evidence exists that was not reasonably available to the student during the investigation or hearing which had the potential to affect its outcome; or
(d)	a breach of the rules of natural justice which had the potential to affect the outcome of the investigation or hearing; or
(e)	the decision is manifestly wrong.
(4)	If the student did not lodge an objection against the panel member in accordance with regulation 38, an appeal on the ground of actual bias or a reasonable apprehension of bias on the part of a panel member may only be based on the conduct of the member during the hearing, or evidence concerning the alleged actual bias or reasonable apprehension of bias that was not reasonably available to the student prior to the commencement of the hearing.
(5)	A student may not appeal on the ground that the penalty imposed is excessive if the penalty was fixed by a notice published under regulation 42(8).
(6)	An appeal must be:
(a)	made in writing; and
(b)	brought not later than 20 working days after the date of service of the notice of decision, or, within any extended period determined by the person responsible for appointing the relevant appeal panel in circumstances which that person regards as exceptional; and
(c)	delivered to the person or body empowered to appoint the relevant appeal panel.
(7)	An appeal against a decision of a responsible officer is to be heard by:
(a)	a research discipline panel, if there is a finding of a misconduct offence involving research misconduct, either solely or in combination with any other act of misconduct; or
(b)	the student appeals panel, if there is a finding of a misconduct offence involving general misconduct, academic misconduct or both general misconduct and academic misconduct; or
(c)	in Monash South Africa, a university discipline panel if there is a finding of a misconduct offence involving general misconduct, academic misconduct or both general misconduct and academic misconduct
(8)	Within 10 working days after receiving the notice of appeal against a decision of a panel or responsible officer, the person who is responsible for appointing the relevant appeal panel must appoint a chair of that panel.
(9)	The chair appointed under subregulation (8) must review the notice of appeal and may:
(a)	dismiss the appeal if satisfied that it is frivolous, vexatious, misconceived or lacking in substance; or
(b)	advise the person responsible for appointing the relevant appeal panel to appoint the remaining members of the panel.
(10)	If the chair dismisses an appeal under subregulation (9), they must,
within 7 working days after the decision to dismiss it, provide the student with a written notice of their decision and the reasons for it.
46	Procedure for hearing appeals
(1)	A panel that is to hear an appeal must review the notice of appeal and determine whether the appeal ground has been made out. A decision in respect of whether the appeal ground has been made out may be made on the papers, without the need to hold a hearing.
(2)	The panel must dismiss the appeal if satisfied that the appeal ground has not been made out.
(3)	An appeal that is not dismissed under subregulation (2) is to proceed by way of a new hearing, unless it is solely on the ground that the penalty is excessive. Regulation 41 applies to the hearing with any necessary modifications.
(4)	An appeal solely on the ground that the penalty is excessive is to proceed as an appeal in the strict sense and not as a new hearing. Such an appeal is not an appeal against the findings of fact of the previous decision maker in relation to the act or acts of misconduct.
(5)	After the hearing of the appeal is concluded the panel, by a unanimous or majority decision, may:
(a)	affirm the decision of the responsible officer or original panel; or
(b)	vary the decision of the responsible officer or original panel; or
(c)	set aside the decision of the responsible officer or original panel and substitute it with its own decision.
(6)	The chair must notify the student concerned of the decision of the panel, the reasons for it and the penalty (if any) imposed within 7 working days after the decision is made.
47	Multiple allegations or reports
(1)	If a report of misconduct involves allegations of multiple acts of misconduct arising out of the same or related circumstances, the allegations may be dealt with jointly but the student may be subject to separate findings and penalties in relation to each allegation.
(2)	If multiple reports of misconduct are made by different persons in relation to the same student arising out of the same or related circumstances, the reports must be dealt with jointly as if they were one.
(3)	If a report or reports being considered by:
(a)	more than one responsible officer; or
(b)	more than one person or body responsible to appoint a panel
involves or involve allegations of multiple acts of misconduct arising out of the same or related circumstances, notwithstanding anything in regulation 55 the report or reports may be dealt with jointly by a single responsible officer or a single panel.
48	Joint misconduct
(1)	If a report of misconduct alleges that 2 or more students engaged jointly or in concert in an act or acts of misconduct and that report is the subject of a panel hearing, the panel must hear the allegations together unless:
(a)	the chair is satisfied that it would be unreasonable or impractical for that to be done; or
(b)	the chair upholds an objection made by one of the students under subregulation (2).
(2)	A student may object in writing to a joint hearing on the ground that they would be unfairly prejudiced by it.
(3)	An objection must be given to the chair of the panel within 4 working days after service of the hearing notice.
(4)	The chair may uphold or dismiss an objection.
49	Risk to health and safety
If a decision maker receives a report of misconduct or is otherwise determining a matter arising from a report of misconduct, and is satisfied that the circumstances of the allegation are of a serious nature and indicate that the student poses a risk to the safety of themselves, or of another person, they must:
(a)	immediately notify the campus safety branch, either orally or in writing; and
(b)	investigate the matter or refer it to an appropriate panel for hearing and determination as an allegation of a misconduct offence.
50	Requests for information
(1)	At any time during an investigation or panel hearing, a decision maker may request information from any person or body by providing them with a written notice setting out details of:
(a)	the information sought; and
(b)	the date by which it is required.
(2)	A decision maker is not required to disclose the reason for the request.
(3)	A person who is a member of the University must comply with the request, or give detailed reasons why not, on or before the required date.
51	Resumption of disciplinary process
A disciplinary process under this Part that has not been finalised before the student ceases to be enrolled at the University may be continued or concluded if the student re-enrols at any time.
52	Student discipline register
(1)	The Vice-Chancellor may require that a central university student discipline register be kept for the recording of all matters of misconduct.
(2)	The Vice-Chancellor may determine the form of the register and who may access it.
53	Special provision relating to Monash University Malaysia
(1)	In this section, PHEIA means the Malaysian Private Higher Educational Institutions Act 1996 (Act 555) as amended from time to time and, where the context requires, includes any other relevant Malaysian laws applicable to private higher educational institutions.
(2)	The Pro Vice-Chancellor of Monash University Malaysia may take any necessary action or step to comply with or give effect to PHEIA.
(3)	Any person or body exercising a function or power under this Part in relation to a student undertaking a course of study at Monash University Malaysia must be taken to have all the functions and powers of the Pro Vice-Chancellor of Monash University Malaysia for that purpose.
(4)	In the event of any inconsistency between PHEIA and these regulations, PHEIA prevails.
(5)	Without limiting this regulation:
(a)	a student may be accompanied, assisted and represented at any meeting, hearing, appeal or other stage of a disciplinary process by an employee at Monash University Malaysia or a student undertaking a course of study there; and
(b)	a student who is dissatisfied with a decision of a responsible officer or panel may submit an appeal in writing to the Malaysian Registrar General of Private Higher Educational Institutions in accordance with PHEIA.
54	Giving of notices
(1)	A notice required to be given to a student under this Part may be given personally to the student or sent by post or email to the address or email address of the student in the records of the University.
(2)	A notice is to be taken to have been given:
(a)	for a notice given personally, on the date on which it is given; or
(b)	for a notice sent by email, on the date on which it is emailed; or
(c)	for a notice sent by post, on the date at which the letter would ordinarily be delivered by ordinary post, registered post or certified mail, as the case requires.
55	Delegation
A person or body may delegate to any other person or body any of their functions, powers or duties under this Part, other than:
(a)	the function of attending a hearing or otherwise acting as a member of a panel; or
(b)	a power or function of the Council delegated to them by the Council.
56	Transitional provisions
(1)	A disciplinary process that was initiated before the commencement of any regulations must continue to be dealt with in accordance with the statutes and regulations in force at the time such process is initiated until such process has been completed.
(2)	For the avoidance of doubt, a disciplinary process is not complete until any and all appeal rights have been exhausted and finally determined.
Part 8	Revocation of Degrees or Other Awards
57	Application of this Part
(1)	This Part applies to a degree (other than an honorary one) conferred or other award granted by the Council, whether before or after the commencement of these regulations.
(2)	In applying this Part to the Centre for Professional Development and Online Education and Centre for Professional Development and Online Education Courses, any reference to the dean of a faculty is to be read as a reference to the Deputy Vice-Chancellor (Education) and any reference to a faculty is to be read as a reference to the Centre for Professional Development and Online Education.
58	Report to Provost
(1)	A person who has reasonable grounds to believe that a ground for revocation exists in relation to the holder of a degree or other award may report the matter to the Provost.
Note
The circumstances in which a degree or other award may be revoked are specified in section 18(2) of the Monash University Statute.
(2)	On receipt of a report under subregulation (1), the Provost must review the matter and determine whether:
(a)	there is sufficient evidence to warrant the conduct of an investigation in accordance with this Part; or
(b)	no further action should be taken.
(3)	If the Provost makes a determination under subregulation (2)(a), the Provost:
(a)	must appoint a review committee to conduct an investigation; and
(b)	may notify any person or body of the fact of that investigation if the Provost considers it reasonably necessary to do so in the public interest.
Example
The Provost may notify the Australian Health Practitioner Regulation Agency if an investigation relates to the circumstances in which a degree was obtained by a health practitioner registered with that Agency.

(4)	The Provost may make a notification under subregulation (3)(b) at any time after making a determination under subregulation (2)(a).
59	Composition of review committee
(1)	A review committee is constituted by at least 3 persons appointed by the Provost of whom one must be the dean of the degree faculty for the degree or other award that is the subject of the investigation.
(2)	The Provost must appoint one person to be the chair of the review committee.
(3)	A person who is a student of the University is not eligible to be a member of a review committee.
(4)	The Provost has power at any time:
(a)	to remove a member of a review committee; or
(b)	to appoint a new member to replace a member who has been removed; or
(c)	to appoint an additional member.
(5)	The Provost may appoint another person in place of the dean of the degree faculty for the degree or other award where satisfied that the dean has or may have a conflict of interest.
60	Powers of review committee
(1)	A review committee must investigate a matter referred to it by the Provost and for that purpose may:
(a)	conduct the investigation by interviewing or hearing any person or receiving a written submission from any person or body or by any combination of those methods; or
(b)	obtain information in any manner it thinks fit; or
(c)	require a member of staff or student of the University to provide information about the matter; or
(d)	subject to subregulation (2), determine its own procedure.
(2)	A review committee is bound by the rules of natural justice but is not bound by the rules of evidence.
(3)	The review committee must provide the degree or other award holder under investigation with:
(a)	notice of the alleged ground for revocation; and
(b)	reasonable notice of any meeting or hearing at which their attendance is requested; and
(c)	a reasonable opportunity to respond to the allegation.
(4)	The holder may be accompanied and assisted, but (except with the permission of the chair of the review committee) not legally represented, by one other person at any meeting or hearing
(5)	If the holder is legally represented at a meeting or hearing, the committee may be assisted by a legally qualified person at the meeting or hearing.
61	Report of review committee
(1)	The review committee must, at the conclusion of its investigation and within the period specified by the Provost, give a written report to the Provost.
(2)	The report must include:
(a)	a statement of the alleged ground for revocation; and
(b)	a description of the procedure adopted by the committee in the investigation; and
(c)	a list of persons interviewed or heard by the committee and documents examined by it; and
(d)	a summary of the evidence before the committee; and
(e)	a statement of the committee’s findings and reasons; and
(f)	a recommendation as to whether the degree or other award should or should not be revoked and the reasons for making that recommendation; and
(g)	any additional recommendation of the committee and the reasons for making it; and
(h)	any other matter the committee determines to include in the report.
62	Provost to consider matter and report to the Council
(1)	This section applies in relation to the Provost after they have been given the report of a review committee under regulation 61(1).
(2)	The Provost may conduct further enquiries.
(3)	The Provost must:
(a)	determine that no further action should be taken; or
(b)	submit a report to the Council, including a recommendation that the degree or other award be revoked.
(4)	The Provost is not bound by any recommendation in the report of the review committee.
63	Council to make determination
(1)	On receipt of a report and recommendation under regulation 62(3)(b), the Council must determine whether the degree or other award is to be revoked.
(2)	A revocation decision takes effect from the date determined by the Council, which must be after the date the holder is notified under subregulation (4).
(3)	The effect of a revocation decision is that the conferral or granting of the degree or other award is rescinded and the person on whom the degree was conferred or to whom the other award was granted no longer has or holds it.
(4)	If the Council decides to revoke a degree or other award, it must send notice of that decision to the holder within 14 days after making it.
(5)	A notice under subsection (4) must:
(a)	state the date on which the revocation takes effect; and
(b)	inform the person that they:
(i)	must return the original testamur, together with any transcript or other record of the degree or other award, to the University within the period specified in the notice; and
(ii)	are no longer entitled to represent to any person or body, whether by the use of post-nominals or otherwise, that they are a recipient of the revoked degree or other award; and
(c)	give the reasons for the decision to revoke the degree or other award.
(6)	At any time after making a revocation decision, the Council may notify any person or body of that decision if it considers it reasonably necessary to do so in the public interest.
(7)	All papers submitted to the Council under this Part must be treated as confidential.
(8)	To avoid doubt, a resolution of the Council under this regulation is not confidential.
64	Other person may undertake role of Provost
(1)	The Vice-Chancellor may appoint another person to undertake the role of the Provost under this Part if the office of Provost is vacant or the Provost has or may have a conflict of interest.
(2)	A person appointed under subregulation (1) has all the functions and powers of the Provost under this Part.
65	Delegation
The Provost may delegate to any other member of the University any of their functions, powers or duties under this Part, other than a power or function of the Council delegated to the Provost by the Council.
Part 8A	Revocation of Honorary Degrees
65A.	Application of this Part
This Part applies to a degree conferred by the Council honoris causa, whether before or after the commencement of these regulations.
65B.	Recommendation to Council
On the recommendation of the President and Vice-Chancellor or a member of the Council, the Council shall decide whether a prima facie case exists for revocation in relation to the holder of an honorary degree.
65C.	Convening of Committee
(1)	If the Council decides that a prima facie case exists for revocation the Council shall have the matter referred to a committee to review the case.
(2)	For the purposes of this regulation 65C and 65D, the Council will determine the committee that is responsible for the review of the case for revocation which will be either:
(a)	an existing committee responsible for the conferral of honorary degrees; or
(b)	otherwise establish a committee solely for the purpose of reviewing the case for revocation of a particular honorary degree or degrees held by one or more holders.
(3)	Where the committee deems appropriate and where practicable, the committee will provide the recipient of the honorary degree an opportunity to make a submission to the committee.
(4)	In all other matters of review process and procedure, the committee may determine its method of review and operation.
65D	Report of Committee
The committee must give a written report of its review to the Council, including its recommendation on whether or not the honorary degree be revoked.
65E	Council to make determination
(1)	On receipt of the report and recommendation under regulation 65D, the Council must determine whether the honorary degree is to be revoked.
(2)	A revocation decision takes effect from the date determined by the Council, which must be after the date the holder is notified under subregulation (4).
(3)	The effect of a revocation decision is that the conferral of the honorary degree is rescinded and the person on whom the degree was conferred no longer has or holds it.
(4)	If the Council decides to revoke an honorary degree, it must send notice of that decision to the holder as soon as reasonably practicable after making it.
(5)	A notice under subsection (4) must:
(c)	state the date on which the revocation takes effect; and
(d)	inform the person that they:
(i)	must return the original testamur, together with any transcript or other record of the degree, to the University within the period specified in the notice; and
(ii)	are no longer entitled to represent to any person or body, whether by the use of post-nominals or otherwise, that they are a recipient of the revoked degree; and
(e)	give the reason or reasons for the decision to revoke the degree.
(6)	At any time after making a revocation decision, the Council may notify any person or body of that decision if it considers it reasonably necessary to do so in the public interest.
(7)	All papers submitted to the Council under this Part must be treated as confidential.
(8)	To avoid doubt, a resolution of the Council under this regulation is not confidential.
Part 9	Recognised Associations

66A	Application of this Part
In applying this Part to the Centre for Professional Development and Online Education and Centre for Professional Development and Online Education Courses, any reference to the dean of a faculty is to be read as a reference to the Deputy Vice-Chancellor (Education) and any reference to a faculty is to be read as a reference to the Centre for Professional Development and Online Education.
66	Recognition of associations
(1)	The Council may recognise as an association under this Part an incorporated body that the Council is satisfied:
(a)	represents students; and
(b)	is capable of carrying out obligations that may be imposed on it under University regulations or an agreement with the University.
(2)	Recognised associations are specified in Schedule 1.
(3)	If the Council ceases to be satisfied as specified in subregulation (1) with respect to a recognised association or for any other reason is of the opinion that a recognised association should cease to be recognised under this Part, it may:
(a)	cancel the recognition of the association; or
(b)	suspend the recognition of the association for a specified period or until the happening of a specified event.
67	Funds
(1)	The University may pay to a recognised association:
(a)	a proportion of any money paid to the University by way of student services and amenities fees; or
(b)	a proportion of any profit made in the course of providing facilities, services or activities funded wholly or partly by student services and amenities fees; or
(c)	any other funds that the University decides it is appropriate to pay to the association.
(2)	A payment under subregulation (1) may be made subject to any conditions specified by the University when making the payment.
(3)	Without limiting subregulation (2), funds paid to a recognised association under subregulation (1) must be spent by the recognised association solely on providing facilities, services or activities that are of direct benefit to students of the University.
(4)	A recognised association is responsible for the proper application of funds paid to it under this regulation.
68	Audited reports
(1)	A recognised association must send an audited report of its accounts annually to the Vice-Chancellor.
(2)	The audited report must deal separately with any funds paid to it under regulation 67.
69	Power of Vice-Chancellor with respect to payment of funds
(1)	If at any time the Vice-Chancellor has grounds to believe that funds paid to a recognised association are being spent otherwise than in accordance with regulation 67(2) or (3), they may:
(a)	direct that the University cease paying funds to the association until otherwise determined by the Vice-Chancellor; and
(b)	direct that the association produce, within the period specified by the Vice-Chancellor, a reconciliation of its financial records as specified by the Vice-Chancellor.
(2)	Without limiting subregulation (1), if after receipt of an audited report or at any other time the Vice-Chancellor is not satisfied that the accounts of a recognised association are in order, they may direct that the University cease paying funds to the association until otherwise determined by the Vice-Chancellor.
(3)	If after receipt of an audited report or at any other time the Vice- Chancellor is satisfied that funds paid to a recognised association under regulation 67 have been spent otherwise that in accordance with regulation 67(2) or (3), they must require the association to repay the amount so spent to the University.
(4)	An amount required to be repaid to the University under subregulation (3) is a debt due and owing to the University and the University may commence a proceeding to recover it in any court of competent jurisdiction.
70	Intermission from study
(1)	An office bearer of a recognised association may apply in writing to the dean of their degree faculty for an intermission from a course of study in which the office bearer is enrolled so as to enable them to better undertake the duties of the office.
(2)	The dean may grant an intermission on an application under subregulation (1).
(3)	A person who is granted an intermission under this regulation is designated as a student during the period of that intermission for all purposes but is not liable to pay any tuition fee that would otherwise be payable by that person as a student.
Part 10	Campus Service Councils
71	Establishment of campus service councils
(1)	The Vice-Chancellor may establish a campus service council for an Australian campus.
(2)	A campus service council is to be comprised of representatives of the management, staff and students of the campus.
(3)	Subject to subregulation (2), the form and membership of a campus service council is to be determined by the Vice-Chancellor after consulting with the campus management and the relevant recognised association or, if there is none, an association that the Vice-Chancellor is satisfied represents students at the campus.
(4)	The Vice-Chancellor must appoint one of the members as chair of the campus service council for the term, and on any other terms or conditions, determined by the Vice-Chancellor.
72	Role of campus service councils
The role of a campus service council is to:
(1)	work towards developing the campus community; and
(2)	provide a forum for the discussion of financial and other matters affecting the campus; and
(3)	enable the campus community to have input into a broad range of university activities.
Part 10A	University Parking Rules
72A	Interpretation
In this Part:

Administration Fee means the fee, if any, payable by a Permit Holder for a refund of a permit pursuant to the Rules as specified by the Chief Operating Officer & Senior Vice-President, or nominee, from time to time;
Adjunct means a person who has been designated as such in accordance with a published policy or procedure of the University;
Campus Retailer means an entity which operates a business on campus;
Carpooling means two or more people who travel to and park together at the University;
Chancellery Building Access Registration means a Permit that provides access to the University Chancellery building via licence plate recognition software or any other means of regulating access as determined by the University;
Emeritus means a person who has been designated as such in accordance with a published policy or procedure of the University;
Honorary means a person who has been designated as such in accordance with a published policy or procedure of the University;
MRS means Monash Residential Services, and includes where applicable Monash Accommodation Services Pty Ltd;
Parking Area means an area marked by signs as a parking area and includes a Restricted Parking Area;
Permit means a valid and current permit to park a vehicle issued by the University pursuant to these Rules and includes a Virtual Permit;
Permit Fee means the fee, if any, payable for the issue of a Permit pursuant to these Rules and specified by the Chief Operating Officer & Senior Vice-President or nominee;
Permit System means any system used either by the University’s authorised virtual permit supplier or by the University to enable persons to purchase a Virtual Permit.
Permit Holder means the person to whom the University has issued a Permit;
Resident means any person who is currently residing in MRS accommodation;
Restricted Parking Area means a parking area limited in respect of days, periods of the day, classes of persons, classes of Vehicles or Permit types and indicated by signs to that effect;
Rules means these University Parking Rules;
Traffic Officer means a person appointed by the Executive Director, Buildings & Property Division of the University (or successor position or title) as delegate of the University Council as an officer for the purposes of section 77(4) of the Road Safety Act 1986 (Vic);   
University means Monash University, a body corporate constituted in accordance with the Monash University Act 2009 (Vic).
University Vehicles are vehicles that are owned or leased by the University and are badged accordingly;
Virtual Permit means a Permit issued either by the University’s authorised virtual permit supplier or by the University, which links a Permit to a vehicle registration number and does not require the display of a physical permit or ticket on the vehicle.
72B	Parking
(1)	For the purpose of authorising parking in a Restricted Parking Area, Permits shall be issued in accordance with these Rules
(2)	A Permit Holder must ensure that the registration details of their vehicle are maintained in the Permit System and that their vehicle registration number is clearly displayed at all times whilst parked within a Restricted Parking Area.
(3)	Persons who are Carpooling can use the University approved carpool application to validate their carpool trip and eligibility to park on campus. Persons with a validated carpool trip are entitled to park in any Blue permit area once the relevant fee has been paid.
(4)	Persons using the University approved carpool application without a passenger will be ineligible for the relevant carpool fee and will have access to the program revoked.
(5)	Vehicles must not be parked on University campus roadways or reservations or be parked as to cause an obstruction or hindrance to others, damage to landscaped surfaces, or reduce the access or egress to University campus facilities or essential campus service infrastructure.
(6)	Vehicles must not be driven on or across campus pedestrian footpaths, grassed or landscaped areas, unless prior consent has been granted by the Chief Operating Officer & Vice- President or nominee.
(7)	University Vehicles are permitted to park in Yellow and Blue Restricted Parking Areas without a Permit.
72C	Parking Permits and Restricted Parking Areas
(1)	The types of Permits and the classes of persons to whom each such Permit type may be issued, and the details of the Restricted Parking Area for the type of Permit are:

Chancellery Green / Green Permit – Available to approved University senior executive management only. Approved for parking in Green Permit, Chancellery Green Permit, Chancellery Red Permit, Red Permit and Blue Permit Restricted Parking Areas at all University campuses. Daily permits are only valid if the Permit Holder holds a Chancellery Building Access Registration in the Permit System.

Chancellery Red Permit – Available to approved staff only. Approved for parking in Chancellery Red Permit and Red Permit Restricted Parking Areas on all University campuses. Permits are only valid if the Permit Holder holds a Chancellery Building Access Registration in the Permit System.

Staff Red Permit – Available to employees of the University, to persons who are designated Honorary or Adjunct by the University, to employees of the John Monash Science School and Monash Technical School, and to management and employees (who are not otherwise a current student of the University) of Campus Retailers. Approved for parking in Red Permit Restricted Parking Areas on all University campuses except Parkville campus (Parkville Red Permit holders can park in Red Permit Parking areas on all University campuses) and in Blue Permit Restricted Parking Area at any University campus.

Student Red Permit - Available to students of the University subject to daily time restrictions as advised by the Chief Operating Officer & Senior Vice-President or nominee. Approved for parking in Red Permit Restricted Parking Areas on all University campuses except Parkville campus, and in Blue Permit Restricted Parking Area at any University campus.

Student Blue Permit – Available to students of the University. Approved for parking in Blue Permit Restricted Parking Areas at all University campuses. Blue Permit parking is not available at the Parkville campus.

Staff Blue Permit – Available to employees of the University, to persons who are designated Honorary or Adjunct by the University, and to management and employees (who are not otherwise a current student of the University) of Campus Retailers. Approved for parking in Blue Permit Restricted Parking Areas at all University campuses.

Yellow Permit – Available to University faculties and departments only for official faculty/department business use only. Approved for parking in Yellow Permit and Blue Permit Restricted Parking Areas.

MRS Permit - Available to MRS Residents only. Approved parking in specified MRS Permit Restricted Parking Areas unless otherwise agreed by MRS.

MRS Visitor Permit – Available to persons visiting Residents. Approved parking in specified MRS Permit Restricted Parking Areas.

Contractor Permit - Available to University approved contractors. Approved parking in Blue Permit Restricted Parking Areas at the relevant University campus or for no more than two hours parking at a time in Yellow Permit Restricted Parking Areas.

Monash Sport Permit – Available to approved Monash Sport and Recreation members who are not employees or students of the University. Approved for parking in Blue Permit Restricted Parking Areas at Clayton and Peninsula campuses only.

Childcare Drop Off Permit – Available to parents of children who are currently enrolled at a childcare centre where vehicle parking for the childcare centre is managed by the University. Approved for parking in specified Childcare drop off zones.

Childcare Permit – Available to persons currently working at a childcare centre where vehicle parking for the childcare centre is managed by the University. Approved for parking in specified Childcare Restricted Parking Areas.

VIP Green Permit – Available only upon determination and approval of the Chief Operating Officer & Senior Vice-President or nominee to persons, including University Council Members. Approved for parking in any Green Permit, Chancellery Green Permit, Chancellery Red Permit, Red Permit and Blue Permit Restricted Parking Areas.

Emeritus Blue Permit – Available to persons, designated Emeritus by the University, who are not paid employees or students of the University but who regularly visit the University. Approved for parking in Blue Permit Restricted Parking Areas at any University campus.
(2)	The number, type, period and Permit Fee for each type of Permit offered in any year shall be determined by the Chief Operating Officer & Senior Vice-President or nominee.
(3)	The number, type, period and Permit Fee for each type of Permit may be varied from time to time by the Chief Operating Officer & Senior Vice-President or nominee.
(4)	The University gives no undertaking that parking space shall be available in any particular Parking Area.
(5)	All Permits shall be valid (unless expired, revoked, cancelled or invalidated in accordance with these Rules) for the period stated in the relevant permit application and on the Permit System.
(6)	A Permit may be issued by the University subject to the Rules and where an applicant has accepted the terms and conditions relevant to the Permit and paid the Prescribed Fee.
(7)	Permits are subject to availability and the University has absolute discretion in issuing a Permit.
(8)	Where a Permit, for which there is a Permit Fee calculated on an annual basis, is purchased after the initial sale date, the prescribed fee will be prorated according to the number of days remaining until the expiry date of the annual permit.
(9)	Where the holder of a Permit, for which there is a Permit Fee calculated on an annual basis, surrenders the Permit on or before the expiry date, a prorated amount of the Permit Fee, less the Administration Fee, shall be refunded unless purchased by eligible staff through salary sacrifice.
(10)	Permit Holders are not authorised to sell, trade or otherwise dispose of a Permit to another person.
(11)	Applications for a Permit shall be completed by the applicant in the form and manner approved by the Chief Operating Officer & Senior Vice-President or nominee from time to time and may include (without limitation):
(a)	The type of Permit applied for;
(b)	The name and university identification number;
(c)	An undertaking by the applicant that they have read, understood and accepted the Rules and the terms and conditions of an application;
(d)	The vehicle registration numbers of the Vehicles in respect of which the Permit is sought, and
(e)	The Permit Fee (if any) and method of payment.
(12)	Except with the consent of the Chief Operating Officer & Vice- President or nominee, a Permit shall not be issued, or if issued shall not be valid, if application has not been made in the manner prescribed in these Rules.
(13)	A Permit shall cease to be valid and will be cancelled by the University if:
(a)	The Permit Holder’s authority or status to use the Permit is withdrawn by the University.
(b)	The Permit was issued to the Permit Holder because of certain eligibility requirements being met, for example, as an employee, Resident or student of the University, and the Permit Holder ceases to meet the eligibility requirement, for example, by ceasing to be an employee, Resident or student.
(c)	The period for which the Permit was issued has expired.
(d)	The Permit is used by a person other than the Permit Holder.
(14)	Permit Holders who breach these Rules may have their Permit cancelled by the University and their right to park in the relevant Restricted Parking Area revoked.
(15)	If a Permit Holder:
(a)	is advised that their Permit has been cancelled or their Permit ceases to be valid; or
(b)	the Permit Holder is no longer entitled or eligible to use the Permit (e.g. they are no longer an employee, Resident or student at the University), 
then the Permit may be immediately cancelled by the University.
72D	Scope and effect of Rules
(1)	The President and Vice-Chancellor of the University or, in their absence, the Chief Operating Officer & Senior Vice-President or nominee, may suspend the operation of these Rules in whole or part to such extent, for such period or periods, and for such area or areas within the boundaries of the University as they may from time to time determine, by reasonable notice.
(2)	Notwithstanding these Rules, the Chief Operating Officer & Senior Vice-President or nominee may at their discretion and on such conditions as they may specify, issue any type of Permit to any person and may set aside designated parking places for designated vehicles.
(3)	Permit Holders are only entitled to park in a Restricted Parking Area specific to the Permit they have been issued.
(4)	All drivers, Permit Holders or other persons park Vehicles at their own risk. The University shall not in any way be liable for any personal injury or damage to property, nor will the University be responsible for the safekeeping or safe custody of any Vehicle or its contents while the Vehicle is parked or left standing within the boundaries of the University.
Part 11	The Common Seal
73	Custody of the seals
The common seal of the University must be kept in the custody of the secretary to the Council or their nominee.
74	Affixing of the seal
(1)	The seal must be affixed to:
(a)	a certificate to be issued in respect of any degree conferred, or other award granted, by the Council, unless otherwise directed by the Council; or
(b)	a University statute; or
(c)	a verified copy of a University statute or University regulation required for production in any court or before any person acting judicially; or
(d)	any document in respect of which the Council directs that   the seal is to be affixed; or
(e)	any document in respect of which the Chancellor, a Deputy Chancellor or the Vice-Chancellor directs that the seal is to be affixed.
(2)	The person by whom the seal may be affixed is:
(a)	for a certificate referred to in subregulation (1)(a), a senior officer of the University responsible for graduations or their nominee; and
(b)	for any other document, the university solicitor or their nominee.
(3)	A person may only give a direction under subsection (1)(e) if that person is of the opinion that:
(a)	the document is of a formal nature or needs to be issued without delay; and
(b)	approval of the Council is not required for the signing of the document.
(4)	If a seal is affixed to a document under subregulation (1)(e), the Vice- Chancellor must report that fact to the Council as soon as practicable after the affixing is attested.
75	Attestation of the seal
The affixing of the seal to any document must be:
(1)	attested by an authorised officer; and
(2)	counter-attested by another authorised officer, the secretary to Council or a person approved by resolution of the Council for the purpose.
76	Execution of deeds not under seal
The University may execute a document (other than one referred to in regulation 74(1)(a), (b) or (c)) as a deed without affixing the seal if the document is expressed to be executed as a deed and is signed as follows:
(1)	for a deed in the form of a lease, licence or other document relating to an interest in land, by the senior officer of the University responsible for administrative operations, buildings and property, or services, or their respective nominee; or
(2)	for a deed giving effect to or otherwise confirming an assignment to the University of intellectual property from a member of staff or student of the University:
(a)	by the Provost; or
(b)	by the senior officer of the University responsible for research; or
(c)	by the senior officer of the University responsible for graduate education; or
(d)	by the person responsible for the central research grants and development office; or
(3)	for a deed of novation or variation of an agreement relating to research, by the person responsible for the central research grants and development office or by the senior officer of the University responsible for research; or
(4)	for any other deed of novation or variation, by a person who would have been authorised to sign an agreement of the kind being novated or varied; or
(5)	for any deed or any other document required to be executed as a deed, by an authorised officer or a person approved by resolution of the Council for the purpose.
77	Form
(1)	The Council, by resolution, may specify the form of wording to be used in affixing the seal to any class of document.
(2)	The Council, by resolution, may specify the form of wording to be used when executing any class of deed.
Part 12	Trust Funds
78	Administration of trust funds
(1)	Any trust fund created by the University is to be administered and applied as the Council:
(a)	by resolution may determine; or
(b)	by regulation may prescribe.
(2)	The university treasurer, however designated, must maintain a register of trust funds of the University.
79	Regulations continued
(1)	The following regulations continue in operation and have effect as if they were made by the Council for the purposes of regulation 78(1)(b):
(a)	the DK & G Anderson Prize Fund Regulations;
(b)	the Harold Armstrong Memorial Fund Regulations;
(c)	the Graham John Beard Memorial Fund Regulations;
(d)	the Max Buxton Scholarship Fund Regulations;
(e)	the Garnet H Carroll Prize Regulations;
(f)	the JW Dodds Memorial Scholarship Fund Regulations;
(g)	the Econometrics Memorial Scholarship Fund Regulations;
(h)	the Elizabeth Eggleston Memorial Fund Regulations;
(i)	the Ernest Fields Scholarship Regulations;
(j)	the Wilfred Fullagar Memorial Lecture Regulations;
(k)	the Vallejo Gantner Memorial Travel Fund Regulations;
(l)	the Paul Grange Visiting Fellowship Fund Regulations;
(m)	the Jack and Marie Healy Memorial Fund Regulations;
(n)	the George Hicks Visiting Fellowship in Southeast Asian Studies Regulations;
(o)	the Phyllis Hillgrove Scholarship Fund Regulations;
(p)	the Ian Little Scholarship Fund Regulations;
(q)	the Oscar Mendelsohn Lecture Fund Regulations;
(r)	the Monash-Hicks Postgraduate Research Scholarship in Indonesian History Regulations;
(s)	the Monash University Postgraduate Medical Education Fund Regulations;
(t)	the Monash APPI Foundation Regulations;
(u)	the Monash University Victorian College of Pharmacy Foundation Regulations;
(v)	the Vera Moore Fund Regulations;
(w)	the Morgen Assistance Fund Regulations;
(x)	the R G Myers Memorial Lecture Regulations;
(y)	the Professor R C Nairn Trust Fund Regulations;
(z)	the Helen M Schutt Trust Scholarship Regulations; 
(aa)	the Special Education Fund Regulations;
(bb)	the Student Assistance Fund Regulations;
(2)	A reference in any regulation continued by this regulation to a faculty board is to be taken to be a reference to the dean of the faculty.
Part 13 	 Exclusion for Safety Reasons

80A	Application of this Part
In applying this Part to the Centre for Professional Development and Online Education and Centre for Professional Development and Online Education Courses, any reference to the dean of a faculty is to be read as a reference to the Deputy Vice-Chancellor (Education) and any reference to a faculty is to be read as a reference to the Centre for Professional Development and Online Education.
80	Report to campus safety branch
(1)	If a member of staff of the University or a person who provides medical, psychological or counselling services on the premises of the University or on premises connected with the University forms an opinion of a kind referred to in subregulation (2) in relation to a student, they must, as soon as practicable, report the opinion and the grounds for it, to the campus safety branch.
(2)	The opinion is that:
(a)	in the case of a person subject to obligations of confidence, the student presents a serious risk to the health or safety of any person, including the student concerned; or
(b)	in any other case, the student presents a serious risk to the health or safety of any person, including the student concerned, or to the property of the University.
(3)	Upon receiving a report under subregulation (1), the campus safety branch must notify the dean of the managing faculty or the conduct review officer specified in regulation 82, of the report. 
81	Power of dean to impose conditions
(1)	The dean may decide that the student’s admission to a course of study or enrolment or re-enrolment in a unit of study or a course of study is conditional on the dean receiving evidence to their satisfaction as required by a notice given by them under subregulation (3).
(2)	Subregulation (1) applies if the dean of the degree faculty is satisfied that a student may present a serious risk to:
(a)	the health or safety of any person, including the student themselves; or
(b)	the property of the University.
(3)	Within 7 days after making a decision under subregulation (1), the dean must cause written notice of it to be given personally to the student or sent by post or email to the address or email address of the student in the records of the University.
(4)	A notice under subregulation (3) must include:
(a)	a description of the form of evidence required and the type of person from whom it must be obtained; and
Example
Evidence may be required from a doctor (including a doctor specialising in a particular area) or a psychologist or provider of a behaviour change program.
(b)	any requirement as to how recent the evidence must be; and
(c)	a statement of the issues to be addressed in the evidence; and
(d)	the date or dates by which the evidence must be provided to the dean.
(5)	After the deadline set to receive the evidence, the dean, if reasonably satisfied that the student does not present a serious risk of a kind referred to in subregulation (2), may decide that the student may remain admitted to the course of study or enrolled or re-enrol in the unit of study or course of study with or without conditions.
(6)	The imposition of a condition by the dean under this regulation does not prevent the dean from exercising any other power that they have with respect to admission, enrolment or re-enrolment.
(7)	The dean may vary or revoke a condition imposed under subregulation (1) or (5).
(8)	A condition imposed under subregulation (1) or (5) may have effect with respect to all courses of study and units of study at the University.
(9)	Without limiting their powers under this regulation, the dean may refer a matter arising or which the dean considers may arise under this regulation to the conduct review officer specified under regulation 82.
(10)	If a student has failed to comply with a condition imposed under subregulation (1) or (5), the dean must refer the matter to the conduct review officer specified under regulation 82.
82	Powers to make an interim decision to suspend, exclude or refuse admission or enrolment
(1)	The Vice-Chancellor must specify by notice published on the University website:
(a)	a conduct review officer, who is a senior officer of the University empowered to make an interim decision to suspend, exclude or refuse admission or enrolment under this Part;
(b)	an officer who is responsible for the appointment of a conduct review panel under regulation 84.
(2)	Subject to subregulation (5), if the conduct review officer is of the opinion that it is reasonably necessary to make an interim decision of a kind referred to in subregulation (4) about a person to protect the health or safety of any person (including the person concerned) or the property of the University, they may make that decision.
(3)	Subject to subregulation (5), the conduct review officer may also make an interim decision of a kind referred to in subregulation (4) about a student who has failed to comply with a condition imposed by the dean under subregulation 81(1) or (5).
(4)	The interim decision that may be made is any of the following:
(a)	in the case of a student:
(i)	suspend them, for a specified period, from pursuing any course of study or unit of study in the University; or
(ii)	suspend them from the University; or
(iii)	exclude them from the University,
(b)	in the case of any other person, refuse to admit or re-admit a person to a course of study or to enrol to or re-enrol a person in a unit of study or course of study in the University for  a specified period or until the conduct review officer otherwise determines; and
(c)	in the case of a student or any other person, withdraw the permission for them to attend the whole of any part of the university precinct.
(5)	Before making an interim decision under this regulation, the conduct review officer:
(a)	must obtain a report on the person concerned from a doctor, a psychologist, and/or the University counselling, security or campus safety branch, as the case requires; and
(b)	must consult with at least one member of the academic staff of the managing faculty; and
(c)	may make enquiries and inform themselves in any manner that they think fit; and
(d)	may invite the person concerned to attend a meeting with them or with their nominee.
(6)	The conduct review officer may at any time, at their own initiative, at the direction of the Vice-Chancellor following receipt of a notice under regulation 83(1)(c), or on the application of the person, reconsider the interim decision and may:
(a)	vary or remove any term or condition of the interim decision or impose a new condition on the interim decision;
(b)	affirm the interim decision; or
(c)	revoke the interim decision.
(7)	In reconsidering an interim decision under subregulation (6), the conduct review officer:
(a)	must consider whether the interim decision continues to be reasonably necessary to protect the health or safety of any person (including the person concerned) or the property of the University;
(b)	must consider any submission made by the person on the matter; and
(c)	may make enquiries and inform themselves in any manner that they think fit.
(8)	An interim decision by the conduct review officer under this regulation (including a reconsidered interim decision) remains in force until it expires, is revoked or is replaced by a final decision of the Vice- Chancellor under regulation 86.
(9)	An interim decision under this regulation may have effect with respect to all courses of study and units of study in the University.
83	Notice
(1)	Within two working days after making a decision under regulation 82, and subject to regulation 89, the conduct review officer must:
(a)	cause written notice of the decision made to be served on the person concerned personally, by pre-paid post to that person’s last known address, or by email to an email address in the records of the University;
(b)	ensure the notice includes:
(i)	a statement of the decision and the reasons for it; and
(ii)	a referral to the officer responsible for the appointment of a conduct review panel to convene a conduct review panel to expeditiously finally determine the person’s case; or
(iii)	in the case of a decision arising from alleged misconduct which the conduct review officer considers would be more appropriately dealt with under Part 7, a referral to a decision maker specified under Part 7;
(c)	ensure a copy of the notice is provided to the Vice-Chancellor.
84	Conduct review panel
(1)	The officer responsible for the appointment of the conduct review panel must, within two working days after the receipt of a notice under regulation 83, constitute a conduct review panel to make a recommendation to the Vice-Chancellor to finally determine the person’s case.
(2)	A conduct review panel must consist of:
(a)	a person, who may be a member of staff or may be external to the University who is the chair; and
(b)	a member of academic staff of the faculty concerned, or, for a conduct review panel that is constituted at an international campus, a person employed at that campus in an academic position; and
(c)	a third member who is a member of staff of the University.
(3)	In any particular case a conduct review panel may include one or more additional members co-opted by the panel. The panel may at any time remove a co- opted member from office.
(4)	A conduct review panel must not include a member who, in the opinion of the officer responsible for the appointment of the conduct review panel, is affected by actual bias or a reasonable apprehension of bias.
85	Provision of an opportunity to respond
(1)	Before a conduct review panel makes a recommendation to the Vice-Chancellor in respect of a person:
(a)	it must provide the person with a reasonable opportunity to submit written evidence for consideration by the panel; and
(b)	it may request the person to attend before it.
(2)	If the person attends before the conduct review panel under subregulation (1)(b), the person may be accompanied and assisted by a member of staff or student of the University or by any other person approved by the panel.
86	Powers and duties of conduct review panel and the Vice-Chancellor
(1)	A conduct review panel may:
(a)	make such inquiries and consult such persons as it thinks fit; and
(b)	require persons with special knowledge of the conduct or health of the person to report to, or consult with, it; and
(c)	where it is considered relevant, request the person to undergo one or more medical examinations or psychological assessments at the expense of the University by a person or persons nominated by the chair.
(2)	The refusal of the person to agree with a request under subregulation (1)(c) may be taken into account by the conduct review panel in considering the case.
(3)	Subject to subregulation (4), a member of staff of the University or a person who provides medical, psychological or counselling services on the premises of the University or on premises connected with the University must answer questions and provide information as required by the conduct review panel.
(4)	If a person referred to in subregulation (3) is subject to obligations of confidence, that subregulation applies only:
(a)	if the person had formed the opinion that the person concerned presents a serious risk to the health or safety of a person; and
(b)	to questions and information concerning the person and that risk.
(5)	A conduct review panel may recommend that the Vice-Chancellor:
(a)	vary or remove any condition of a decision made under regulation 82;
(b)	affirm a decision made under regulation 82, with or without varying the conditions;
(c)	revoke a decision made under regulation 82 with or without conditions; or
(d)	in the case of a student, exclude them from the University.
(6)	After considering the recommendations of the conduct review panel, the Vice-Chancellor must finally determine the person’s case.
(7)	The Vice-Chancellor may inform any member of staff of the University of their decision and of relevant information in support of the decision if they consider it necessary to do so for the protection of the health or safety of any person or the property of the University.
(8)	If conditions are imposed or maintained under this regulation, the Vice- Chancellor may:
(a)	require the person concerned to report to the conduct review officer at specified intervals on their compliance with the conditions; and
(b)	if professional assistance is a condition, require the person concerned to cause the person providing the professional assistance to make a report to the conduct review officer at specified intervals.
(9)	If the conduct review officer is satisfied that conditions imposed or maintained under this regulation have not been complied with or any report provided does not comply with the requirements set by the Vice-Chancellor, the conduct review officer may refer the matter to the Vice-Chancellor for determination.
(10)	After receiving a referral under subregulation (9), the Vice-Chancellor may:
(a)	allow admission or enrolment to continue subject to existing, new or varied conditions;
(b)	confirm the interim decision; or
(c)	in the case of a student, exclude them from the University.
(11)	Within 7 days after the making of a decision by the Vice-Chancellor under this regulation, and subject to regulation 89, the conduct review officer must:
(a)	cause written notice of the decision to be served on the person concerned personally, or by prepaid post to their last known address or email address on the records of the University;
(b)	ensure the notice includes a statement of the decision and the reasons for it; and
(c)	provide a copy of that notice to the dean of any relevant faculty and the chair of the conduct review panel.
87	Annual report
The senior officer responsible for operational affairs of the University must annually cause a report to be made to the Vice-Chancellor on decisions made under this Part.
88	Effect of decision
(1)	A student who is suspended, excluded or refused enrolment or re- enrolment under this Part remains a student of the University until a final decision of the Vice-Chancellor and:
(a)	is precluded from pursuing any course of study or unit of study;
(b)	where so directed, must not be present in the University or the whole or the part of the university precinct, as the case requires; and
(c)	must not, without the written consent of the conduct review officer, do any one or more of the following:
(i)	attend any lecture, tutorial or other class;
(ii)	submit any work for assessment or research;
(iii)	gain any credit towards a course of study or unit of study.
(2)	In the event that a decision is made by a decision maker appointed under Part 7 that is inconsistent with a decision made under Part 13, the decision under Part 13 prevails to the extent of the inconsistency.
89	Service of notices
(1)	Service of a notice under this Part is to be taken to have been effected:
(a)	for a notice served personally, on the date on which it is delivered;
(b)	for a notice served by email, on the date on which it is sent;
(c)	for a notice served by pre-paid post within the country from where it was sent, 2 working days after the date on which it is posted; or
(d)	for a notice served by pre-paid post outside the country from where it was sent, 7 working days after the date on which it is posted.
(2)	If authorised by Health Privacy Principle 2 of the Health Records Act 2001, notice of any decision under this Part and grounds for the decision may be forwarded to an immediate family member of the person concerned within the meaning of that Act or to a registered medical practitioner advising or treating the person.
90	Officers that may act for dean or conduct review officer
(1)	The Provost may exercise all the functions, powers and duties of a dean under this Part.
(2)	The person holding the position of the academic president at Monash University Malaysia or Monash South Africa, may exercise all the functions, powers and duties of a dean or the conduct review officer under this Part in respect of the teaching location for which they hold office.
Part 14	Authority of university security officers
91	Interpretation
(1)	In this Part:

person means a person at or in the vicinity of a university precinct, and may include students, staff, visitors and members of the public.
security officer means:
(a)	a security manager; or 
(b)	a person employed or engaged by the university to perform security duties in relation to a university precinct.
security manager means any member of staff of the university:
(a)	with management responsibility for the university’s security operations generally or for a particular university precinct;
(b)	with management responsibility for the University’s investigative security function; or
(c)	who is the most senior security officer on duty in a university precinct at a particular point in time.
92	General authorities and responsibilities
(1)	A security officer must produce their identification card upon request by a person. 
(2)	A security officer in a university precinct is authorised to do any one or more of the following:
(a)	make enquiries and take reasonable action to regulate the access and behaviour of persons, but excluding the forcible removal of a person, in order to maintain a safe and secure environment;
(b)	direct a person to state their name and ordinary place of residence; 
(c)	direct a person to produce evidence of their identity for inspection.
(3)	For the avoidance of doubt, a security officer in a university precinct may exercise the power of arrest or use force to the same extent as any member of the public is permitted to do under the Crimes Act 1958.
(4)	A person in a university precinct is required to comply with a request or direction made under regulation 92(2).
(5)	A security officer in a university precinct is authorised to undertake a search of a person’s bags and their person provided that the security officer first obtains the person’s oral or written consent.
93	Trespass and direction to leave a university precinct
(1)	A security officer in a university precinct is authorised, for any purpose set out in subregulation (3), to direct a person to leave, or not to enter, access or otherwise be present in, a university precinct.
(2)	A security manager in a university precinct is authorised, for any purpose set out in subregulation (3), to permanently withdraw permission for a person to be in a university precinct, subject to subregulation (5).
(3)	The purposes are:
(a)	to maintain a safe and secure environment; 
(b)	to protect the health or safety of any person or persons; 
(c)	to protect university property from damage or destruction; 
(d)	to abate a nuisance, or a disruption to the peace, good order or management of the university; 
(e)	to restrict or prevent access by a person who has failed to show that they have a lawful right to be in the university precinct; 
(f)	to restrict or prevent access by a person who has failed to comply with a direction or request under subregulation 92(2); 
(g)	to restrict or prevent access by a person who has failed to comply with a request under subregulation 92(5) where it is a previously communicated condition of entry; or
(h)	to prevent misconduct or criminal conduct.
(4)	If a person fails to comply with a direction under subregulation (1), a security officer may:
(a)	request that a police officer remove the person from the university precinct; and
(b)	provide an oral or written warning that the person may be proceeded against for trespass.
(5)	The security manager must report any exercise of a power under subregulation (2) to the Vice-Chancellor, or their delegate, within 24 hours after that exercise.
(6)	Upon receiving a report under sub-regulation (5), the Vice-Chancellor, or their delegate, may direct:
(a)	that the permission of the person to be in the university precinct be reinstated, with or without conditions; and
(b)	that the person be notified of that reinstatement and of its terms in the manner specified by the Vice-Chancellor or their delegate.
Part 15	Transitional Provision
94	Saving of Council resolutions made under revoked legislation
Insofar as a resolution made by the Council before the commencement of these regulations under a University statute or University regulation revoked by section 31(1) of the Monash University Statute could have been made on or after that commencement under the Monash University Statute or these or any other University regulations, it has effect as if it had been made under that Statute or these or those regulations, as the case requires.

SCHEDULE 1

Monash Graduate Association Inc.
Monash Parkville Student Union Inc.
Monash Student Association (Clayton) Inc.
Monash University Student Union Peninsula Inc.
MONSU Caulfield Inc

DICTIONARY

Academic Board means the Academic Board established by the Council under section 20 of the Act;

academic progress committee means a committee by that name constituted under regulation 29 of the Monash University (Academic Board) Regulations;

academic staff means members of:
(a)	staff; and
(b)	staff of Monash University Malaysia;
holding teaching or research appointments or appointments involving both teaching and research, whether on a full-time, part-time or sessional basis;

academic unit means any of the following established by the Vice- Chancellor under regulation 7 of the Monash University (Vice-Chancellor) Regulations:
(a)	a sub-faculty, school, department, centre, institute or other unit into which a faculty is divided;
(b)	a school, department, centre or institute established as a separate entity from a faculty;

Act means the Monash University Act 2009;

associate dean means the associate dean of the faculty who is responsible for coursework teaching programs or the person nominated by the dean as holding the closest equivalent position;

Australian campus means a location within Australia declared to be a campus of the University under section 20 of the Monash University Statute;

authorised officer means the Chancellor, a Deputy Chancellor, the Vice-Chancellor, the Provost, a Deputy Vice-Chancellor or a Vice- President;

award means a degree, diploma, certificate or other award of the University;

campus means a location declared to be a campus of the University under section 20 of the Monash University Statute;

centre means a centre established under the Monash University (Vice- Chancellor) Regulations;

Centre for Professional Development and Online Education means the Monash Centre for Professional Development and Monash Online Education established by the Vice-Chancellor as a separate entity to any faculty pursuant to Regulation 7(1)(b) of the Monash University (Vice-Chancellor) Regulations;

Centre for Professional Development and Online Education Courses means courses of study offered by the Monash Centre for Professional Development and Monash Online Education, namely graduate certificates, graduate diplomas and Masters by coursework which can only be established if they are outside of the normal purview and planning of faculties;

course of study means a number of units of study extending over a period of time leading to a degree or other award;

coursework graduate student means a student enrolled in a postgraduate degree of the University that is not a higher degree by research;

dean means dean of a faculty or sub-faculty appointed by the Vice- Chancellor under these Regulations;

degree means an undergraduate, master’s or doctoral degree of the University;

degree faculty, in relation to a degree or other award, means the faculty specified in a University handbook as being responsible for the degree or other award for the year for which the handbook is published;

department means a department established under the Monash University (Vice-Chancellor) Regulations;

Deputy Chancellor means a person appointed to the office of Deputy Chancellor of the University under section 25 of the Act;

Deputy Vice-Chancellor means a person appointed under Part 3 to the office of Deputy Vice-Chancellor;

double degree means a course of study specified in a University handbook as leading to 2 degrees;

double degree student means a student who is undertaking a double degree;

EFT means equivalent full-time;

faculty means a faculty of the University established under the Monash University (Vice-Chancellor) Regulations and, in relation to a student, means:

(a)	the degree faculty; or
(b)	for a double degree student, the managing faculty; or
(c)	for a student enrolled in a unit of study or a non-award study, the teaching faculty;

Gippsland campus means the location at Northways Road, Churchill, Victoria and transferred to Federation University Australia (formerly called the University of Ballarat) on 1 January 2014;

Graduate Research Committee means the committee (however designated) established in accordance with Part 4 of the Monash University (Vice-Chancellor) Regulations;

head, in relation to an academic unit or other university body, means the person appointed to lead and manage the unit or other body;

higher degree by research means a master’s by research or doctoral degree of the University;

institute means an institute established under the Monash University (Vice-Chancellor) Regulations;

international campus means a location outside Australia declared to be a campus of the University under section 20 of the Monash University Statute;

international student means a student holding a student visa for the purpose of undertaking a course of study in Australia;

managing faculty, in relation to a student undertaking a double degree, means the faculty specified in a University handbook as being responsible for the administration of that double degree for the year for which the handbook is published;”;

members of the University includes the Visitor of the University, the members of the Council, the members of staff of the University including the holders of honorary appointments such as emeritus professors, the students of the University and the graduates of the University;

Monash South Africa means the location or locations in South Africa from which courses of study are delivered;

Monash University Malaysia means the location or locations in Malaysia from which courses of study are delivered;

non-award study means a unit of study that is not undertaken as part of a course of study;

Open Universities Australia means Open Universities Australia Pty Ltd or any successor of that body;

penalty unit is to be construed in accordance with section 110 of the
Sentencing Act 1991;

president, in relation to the Academic Board, means the person elected to the office of president (however designated) of the Academic Board;

professor means a member of the academic staff of the University appointed as a professor but does not include an associate professor;

Provost means the person, if any, appointed to the office of Provost under Part 3;

recognised association means an association recognised under Part 9;

research includes a thesis, research paper or research report, or work towards a thesis, research paper or research report;

school means a school established under the Monash University (Vice- Chancellor) Regulations;

seal means common seal of the University;

staff of Monash University Malaysia means persons employed by Monash University Malaysia Sdn. Bhd;

student means a person who:

(a)	is admitted to a course of study at the University; or
(b)	is enrolled at the University in a non-award study or one or more units of study on an assessed or non-assessed basis and without admission to a course of study; or
(c)	is pursuing a course of study or unit of study at the University through an exchange or study program or other arrangement between the University and another educational institution; or
(d)	is engaged in a student mobility program involving the University, whether or not the program is credited towards a course of study or unit of study; or
(e)	has completed a course of study but on or to whom the relevant degree or award has not been conferred or awarded; or
(f)	is on an intermission or has been suspended from, or has deferred enrolment in, a course of study; or
(g)	is enrolled in a course of study or one or more units of study offered by the University through Open Universities Australia or another educational institution; or
(h)	has consented in writing to be bound as a student by the University statutes and University regulations;

sub-faculty means sub-faculty of a faculty established under the Monash University (Vice-Chancellor) Regulations;

teaching faculty, in relation to a unit of study, means the faculty specified in a University handbook as being responsible for the teaching of that unit for the year for which the handbook is published;

undergraduate student means a student enrolled in a bachelor’s degree of the University;

unit of study means a component of a course of study that is taught and examined as a discrete entity but does not include a thesis or alternative research component for a higher degree by research;

university activity means an activity carried out on a university precinct or other place in or outside Australia that is arranged, or conducted, by or on behalf of the University, whether alone or in connection with any other entity;
Examples
A lecture, tutorial, assessment, practical exercise, ceremony, meeting of a university body, sporting or musical event, game, competition, activity, field trip or excursion;
university body means a body established by or under any University statute or University regulation;

university faculty average means the total number of EFT academic staff of the University divided by the total number of faculties;

university precinct means the whole or part of any land, building or facility owned or occupied by the University or used by it, or by one or more students for the purpose of conducting a university activity;

vice-president, in relation to the Academic Board, means the person elected to the office of vice-president (however designated) of the Academic Board;

work means any piece of oral, written or practical work or assessment undertaken for the purposes of a course of study or unit of study;

working day means a day other than:

(a)	a day that is a university holiday under Part 7 of the Monash University (Vice-Chancellor) Regulations; or
(b)	in relation to an Australian campus, a Saturday or a Sunday or a day appointed as a public holiday in the whole of Victoria under the Public Holidays Act 1993; or
(c)	in relation to an international campus, a day that is a public holiday in the place where that campus is located;

year means calendar year.

End Notes

Table of amendments from 28 May 2014 (as incorporated into this version):

Amendment	Sections Amended	Commencement Date	
Monash University (Council) Amendment (No.1) Regulations	Regulations 4, 11, 12, 27, 28, 30, 33, 34, 35, 36, 38, 41, 49, 71, 76, Dictionary	28 May 2014	
Monash University (Council) Amendment (No.2) Regulations	Regulations 33, 34, 35, 36, 38, 40, 47,55, Dictionary	2 July 2014	
Monash University (Council) Amendment No.1 of 2015 Regulations	Regulations 31, 40, 41, 42, 45, 46, 50, New part 13	20 July 2015	
Monash University (Council) Amendment No.2 of 2015 Regulations	Regulations 41(7).	19 October 2015	
Monash University (Council) Amendment No.1 of 2016 Regulations	Part 2A (Regulations 6A-6F)	29 July 2016	
Monash University (Council) Amendment No.2 of 2016 Regulations	Schedule 1	18 November 2016	
Monash University (Council) Amendment No.3 of 2016 Regulations	New Part 10A (Regulations 72A to 72D)	19 December 2016	
Monash University (Council) Amendment No.1 of 2017 Regulations	Regulations 16, new 16A, 31, 38, 47, 55, 59, 76, 82, 83, 88, 90	30 January 2017	
Monash University (Council) Amendment No.2 of 2017 Regulations	Regulation 45(6)	4 April 2017	
Monash University (Council) Amendment No.3 of 2017 Regulations	Regulations 72A, 72(C)(1)	28 July 2017	
Monash University (Council) Amendment No.4 of 2017 Regulations	Regulation 72(C)(1)	15 December 2017	
Monash University (Council) Amendment No.5 of 2017 Regulations	Regulations 28, 30, 31, 32, 33, 34, new 34A, new 34B, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 48, 81, 82, 83, 84, 85, 87, 88, 90	26 February 2018	
Monash University (Council) Amendment No.1 of 2018 Regulations	Regulations 33, 38, 40, 86	26 February 2018	
Monash University (Council) Amendment No.2 of 2018 Regulations	Regulation 79	4 September 2018	
Monash University (Council) Amendment No.3 of 2018 Regulations	New Part 8A (Regulations 65A to 65E)	4 September 2018	
Monash University (Council) Amendment No.5 of 2018 Regulations	Regulations 6C, 6D, 6F, 70.	11 December 2018	
Monash University (Council) Amendment No.4 of 2018 Regulations	Regulation 79(1)	2 January 2019	
Monash University (Council) Amendment No. 1 of 2019 Regulations	Part 10A (Regulations 72A, 72B, 72C)	11 February 2019	
Monash University (Council) Amendment No.2 of 2019 Regulations	Part 10A (Regulations 72A, 72B, 72C)	24 July 2019	
Monash University (Council) Amendment No.3 of 2019 Regulations	Part 7 (Regulations 28 (1), 30(b), 41(6), 42(1k), 42(9). 45(6b))	1 December 2019	
Monash University (Council) Amendment No.4 of 2019 Regulations	Part 7 (Regulations 31(1), 31(3a))	1 December 2019	
Monash University (Council) Amendment No.1 of 2020 Regulations	Part 10A (Regulations 72A, 72B, 72C)	24 February 2020	
Monash University (Council) Amendment No.2 of 2020 Regulations	Regulations 16(1), 16B	10 June 2020	
Monash University (Council) Amendment No.3 of 2020 Regulations	Part 10A (Regulations 72A, 72B, 72C)	31 July 2020	
Monash University (Council) Amendment No.4 of 2020 Regulations	Regulations 12(1), 15, 16(1), 16(2), 16(3), 16(4), new 16A(2), new 16A(3), 17(2), Dictionary	2 September 2020	
Monash University (Council) Amendment No.5 of 2020 Regulations	Regulations 6A, 6C(1), 6D(1), 6D(2), 6E(1), 6D(2), 6F(2), 15(1)	2 September 2020	
Monash University (Council) Amendment No.5 of 2019 Regulations	Regulations 33, 34A, 34B, 36 and 45	1 October 2020	
Monash University (Council) Amendment No.6 of 2020 Regulations	Regulations 28, 29, 30, 31, 32, 33, 34A deleted, 34B amended to become new 34A, 35, 36, 37, 38, 40, 41, 42, 44, 45, 46, 48, 56, 88 and Dictionary	30 July 2021	
Monash University (Council) Amendment No. 1 of 2021 Regulations	Regulation 9	30 July 2021	
Monash University (Council) Amendment No. 2 of 2021 Regulations	Regulation 72C	3 September 2021	
Monash University (Council) Amendment No. 3 of 2021 Regulations	Regulations 28, 30, 31, 33, 34A, 36, 41, 43, 44, 45, 49A, 57, 66A, 80A, 80, 82, 83, 84, 86, 87, 88, 90, Schedule 1, and Dictionary	20 December 2021	
Monash University (Council) Amendment No. 4 of 2021 Regulations	Regulations 6C, 6F, 7, 8, 12, 13, 14, 15, 16, 18, 20, 25, 26, 27, 37, 40, 49, 58, 60, 62, 63, 65, 65E, 69, 70, 72D, 73, 74, 76, 80, 81, 82, 83, and 86	20 December 2021	
Monash University (Council) Amendment No. 1 of 2022 Regulations	Regulations 72A, 72B, 72C and 72D	18 February 2022	
Monash University (Council) Amendment No. 2 of 2022 Regulations	Regulation 65C	25 February 2022	
Monash University (Council) Amendment No. 3 of 2022 Regulations	Regulations 31, 49, 49A and 76, Part 14 and Dictionary	20 September 2022	
Monash University (Council) Amendment No. 4 of 2022 Regulations	Regulations 65C and 65E	19 January 2023