202Rights of accused at disciplinary hearing

202 Rights of accused at disciplinary hearing (1) An accused who appears at a hearing for an inquiry in relation to the accused— (a) is entitled to be heard, to examine and cross-examine witnesses, and to make submissions for the inquiry; and (b) is not entitled to be represented by a lawyer or anyone else, without the presiding officer’s consent. (2) In deciding whether to grant leave for legal representation, the presiding officer must have regard to the following: (a) the seriousness of the disciplinary breach charged; (b) the administrative penalty likely to be imposed for the disciplinary breach charged; (c) the likely procedural complexities; (d) the accused’s capacity for selfrepresentation;

(e) the need for a fair and prompt resolution of the charge. Example—par (c) the extent of cross-examination that might be required (3) However, the presiding officer may, by written order, exclude the accused from a hearing for the inquiry if the accused— (a) unreasonably interrupts, interferes with or obstructs the hearing; or (b) contravenes a reasonable direction by the presiding officer about the conduct of the hearing. (4) If the accused fails to attend a hearing for the inquiry, the presiding officer may conduct the hearing, and make a decision on the charge, in the accused’s absence.