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Part A - Preliminaries

12. Committees and Chairpersons

12.1 The review or appeal committees specified in clauses 45, 51, 52 and 53 of this Agreement shall consist of three members as follows:

  1. A management representative nominated by the University;
  2. A staff member nominated by the Chair of MUSIC and drawn from a pool of elected staff members of the University; and
  3. An independent Chair nominated by the Vice-Chancellor in accordance with this clause.

12.2 Elections will be held for an additional five staff members, to be elected by all staff, who with the elected staff members on MUSIC will make up the pool of elected staff members referred to in clause 12.1.

12.3 Each committee in undertaking its role shall:

  1. allow the staff member to be represented by a Representative if they so choose;
  2. allow the University to be represented by an agent of its choice, but not a practicing barrister or solicitor;
  3. provide an opportunity for the staff member, or where they choose a Representative, and the University representative to make submissions, and present and respond to written or oral evidence in relation to the matter before the committee, and take into account such further materials as it believes appropriate to determine the facts in dispute;
  4. call witnesses as it sees fit;
  5. ensure that the staff member, or his/her Representative where they so choose, and the University or its representative has the right to ask questions of witnesses, where appropriate;
  6. conduct all interviews in the presence of the staff member, or the staff member's Representative where they so choose, and the University representative and/or the Divisional Director, (Human Resources) or his or her representative;
  7. conduct proceedings as expeditiously as possible, consistent with the need for fairness;
  8. conduct proceedings in private (unless otherwise agreed by the Committee) and as a committee of inquiry;
  9. take into account such further material as it believes is appropriate to the case;
  10. make its report available to the nominated person(s) as specified in the relevant clause of this Agreement within the prescribed timelines.

12.4 Chairs appointed to committees under this clause shall have relevant experience, be independent and command the confidence of management and staff.

12.5 A panel of Chairs will be established by the University following consultation with MUSIC.

12.6 The Vice-Chancellor will be responsible for selecting a Chair from that panel, having regard to the requirements of this clause and will confer with the Chair of MUSIC as to whether the proposed Chair meets the requirements of this clause.