67Conduct of hearing

67 Conduct of hearing

(1) 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.

(2) Before a disciplinary hearing—

(a) the hearing officer may invite submissions from—

(i) the member who is the subject of the hearing; and

(ii) the referring officer; and

(iii) any other person whose submissions the hearing officer considers relevant for determining the matter; and

(b) if the member consents, the hearing officer may determine the matter on the basis of submissions.

(3) At a disciplinary hearing—

(a) the member who is the subject of the hearing is entitled to be present, to make submissions and to be represented; and

(b) 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

(c) the hearing officer is not bound by rules of evidence but may inform themselves in any way the hearing officer thinks fit; and

(d) the hearing officer is bound by the rules of procedural fairness.

(4) 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.

(5) The hearing officer may adjourn a disciplinary hearing if the hearing officer considers it necessary in the circumstances to do so.

(6) From time to time, the Chief Officer may issue guidelines relating to the procedure of a disciplinary hearing.