Conduct of hearing
67 Conduct of hearing
Subject to these Regulations and any guidelines issued under subregulation (6), the hearing officer may determine the procedure of a disciplinary hearing, including whether any person may attend the hearing by audio visual link or audio link.
Before a disciplinary hearing—
the hearing officer may invite submissions from—
the member who is the subject of the hearing; and
the referring officer; and
any other person whose submissions the hearing officer considers relevant for determining the matter; and
if the member consents, the hearing officer may determine the matter on the basis of submissions.
At a disciplinary hearing—
the member who is the subject of the hearing is entitled to be present, to make submissions and to be represented; and
the hearing officer must conduct the hearing with as little formality and technicality as the requirements of this Division and the proper consideration of the matter permit; and
the hearing officer is not bound by rules of evidence but may inform themselves in any way the hearing officer thinks fit; and
the hearing officer is bound by the rules of procedural fairness.
Despite subregulation (3)(a), the hearing officer may conduct a disciplinary hearing without the presence or submissions of the member who is the subject of the hearing if the member is given a reasonable opportunity to make submissions and attend the hearing.
The hearing officer may adjourn a disciplinary hearing if the hearing officer considers it necessary in the circumstances to do so.
From time to time, the Chief Officer may issue guidelines relating to the procedure of a disciplinary hearing.
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