298ACheating by examination candidates

298A Cheating by examination candidates

(1) CASA may give written notice to a person who attempted a prescribed examination if it believes on reasonable grounds that the person has committed any of the following acts without CASA’s permission: (a) copied any part of the examination paper; (b) removed: (i) any part of the examination paper; or (ii) a copy of any part of the examination paper; from the place where the person attempted the examination; (c) given to another person: (i) any part of the examination paper; or (ii) a copy of any part of the examination paper; or (iii) any information about the questions contained in the examination paper, being information that might give anyone an unfair advantage in the examination; (d) before the examination—knowingly received from another person, or otherwise knowingly obtained possession of: (i) any part of the examination paper; or (ii) a copy of any part of the examination paper; or (iii) any information about the questions contained in the examination paper, being information that might give the person an unfair advantage in the examination; (e) before or during the examination—knowingly received from another person, or otherwise knowingly obtained possession of: (i) any part of the model answer; or (ii) a copy of any part of the model answer; or (iii) any information about the content of the model answer; (f) during the examination: (i) helped another person to complete any part of the examination; or (ii) received help from another person to complete any part of the examination; or (iii) used any material or aid that CASA does not permit to be used; or (iv) read the examination work of another person attempting the examination; (g) caused or assisted the commission of, or attempted, any act referred to in paragraph (a), (b), (c), (d), (e) or (f).

Note: For definitions of expressions used in this subregulation see subregulation (8).

(2) CASA must set out in a notice under subregulation (1): (a) the act which CASA believes the person has committed; and (b) the grounds for the belief. (3) If CASA notifies a person under subregulation (1), the person may, within the period of 14 days after the day on which the person received the notice, make reasonable representations to CASA explaining why the person believes that he or she has not committed the act mentioned in the notice. (4) If: (a) CASA notifies a person under subregulation (1); and (b) the period of 14 days after the day on which the person received the notice has ended; and (c) after taking into account any representations, CASA is satisfied that the person has committed the act mentioned in the notice; CASA must notify the person of its decision.

Note: Regulation 297A provides that a decision by CASA that it is satisfied as mentioned in subregulation 298A(4) is reviewable by the Administrative Review Tribunal.