Act No. 3 of 2017. Assented to 2017-06-17. Repealed by Code of Conduct Act 2017.
Code of Conduct Rules 1 of 10
Contents
1 Preliminary ....................................................................................................................................... 1
1 Introduction .................................................................................................................................. 2
2 Interpretation ................................................................................................................................ 2
1 Definitions ................................................................................................................................... 2
2 Rules of interpretation ................................................................................................................. 3
3 Discretionary application of provisions ....................................................................................... 3
2 Standards .......................................................................................................................................... 4
1 Guiding principles ........................................................................................................................ 4
2 Prescribed breaches ...................................................................................................................... 4
3 Prescribed penalties ......................................................................................................................... 4
4 Determining breaches of standards ............................................................................................... 4
1 At moderators' discretion ............................................................................................................. 4
2 At request of complainant ............................................................................................................ 5
3 Parties to be informed .................................................................................................................. 5
4 Immediate determination due to necessity ................................................................................... 5
5 Penalty imposed after positive determination .............................................................................. 5
5 Reconsideration of determinations................................................................................................. 6
1 Circumstances for reconsideration ............................................................................................... 6
2 Process for reconsideration .......................................................................................................... 6
6 Review of determinations ................................................................................................................ 6
1 Reviewable determinations .......................................................................................................... 6
2 Avenue of appeal .......................................................................................................................... 7
3 Process of review ......................................................................................................................... 7
4 Judicial review panel .................................................................................................................... 8
1 Interpretation ................................................................................................................................ 8
2 Composition of panel ................................................................................................................... 8
3 Appointment of panel .................................................................................................................. 8
4 Objection to appointments ........................................................................................................... 8
7 Miscellaneous ................................................................................................................................... 9
1 Actions must be timely................................................................................................................. 9
2 Manner of making determination in a group ................................................................................ 9
3 Investigators may make enquiries .............................................................................................. 10
1 Preliminary
1. Short title
This act may be cited as the HomeBroadband (Code of Conduct) Act 2017
2. Commencement
This Act commences as soon as it receives Royal Assent.
3. Objects
The objects of this act are to:
1.) Introduce a code of conduct for all members to follow.
2.) Introduce methods of punishment for members who violate the code of conduct.
Code of Conduct Rules 2 of 10
4. Schedules
Every item in a Schedule to this Act has effect according to its terms.
Schedule 1: Code of Conduct Rules
1 Introduction
(1) The purpose of these rules is to prescribe standards regulating the conduct of AustraliaSim
members, and provide penalties for breaches of those standards in a procedurally fair manner.
(2) By participating in AustraliaSim, you agree to abide by these rules, as may be amended or
replaced from time to time.
2 Interpretation
1 Definitions
In these rules, unless the contrary intention appears—
abuse means to use language in a deliberately insulting way; to demean someone
publicly.
breach means any action determined to be a breach of these standards pursuant to rule
4.
Constitution means the Constitution of AustraliaSim.
determination includes any subsequent penalty imposed as a result of that determination.
discord means the AustraliaSim Discord server and all channels within.
head moderator means the Governor-General or in their absence the longest serving
moderator.
high court means the moderators of AustraliaSim who are not the Governor-General.
investigators means the moderator, moderators or judiciary responsible for making a
determination.
member means a person who is a member of AustraliaSim, including the moderators.
moderators means the Justices and Governor-General of AustraliaSim.
official subreddit means /r/australiasim, /r/australiasimlower, /r/australiasimupper,
/r/australiasimpress.
parties means—
(a) in the case of a review—the appellant, the investigators in the original determination, the
respondent in the original determination, and the complainant in the original
determination (if any); or
(b) otherwise—the respondent, and the complainant (if any).
Code of Conduct Rules 3 of 10
person means the real-life identity of a person, encompassing all accounts operated by that
person.
spam means—
(a) the repeated, unnecessary sending or posting of messages;
(b) the sending or posting of content irrelevant to the Discord channel or subreddit.
2 Rules of interpretation
(1) These rules shall be read and construed subject to the Constitution. If a provision of these rules
is inconsistent with the Constitution, the latter shall prevail to the extent of the inconsistency.
(2) Where a word or phrase in these rules is given a particular meaning, other parts of speech and
grammatical forms of that word or phrase have corresponding meanings.
(3) If a provision includes an example of its operation—
(a) the example is not exhaustive; and
(b) the example may extend the operation of the provision.
(4) In these rules—
(a) words importing a gender include every other gender; and
(b) words in the singular number include words in the plural and words in the plural number
include the singular.
(5) Where these rules require or permit a document or information to be served, irrespective of the
expression used, on a person or persons, then—
(a) the document or information shall be served—
(i) in the case of the moderators—by sending it to the moderators via Reddit
private message; or
(ii) in any other case—by sending it to the person or persons via Reddit private
message; and—
(b) the service shall be deemed to have been effected by correctly addressing and sending
the message and, unless the contrary is proved, to have been effected at the time the
message was sent.
3 Discretionary application of provisions
While the provisions of these rules should not be departed from without due cause and great
caution, every situation is different, and there may be situations where a literal reading of these
provisions is inappropriate. Members should exercise common sense in their behaviour, and
moderators should exercise their discretion in taking into account any mitigating or aggravating
factors in a judgement. At all times, however, the spirit of these rules must be upheld.
Code of Conduct Rules 4 of 10
2 Standards
1 Guiding principles
Members shall—
(a) Treat each other with respect at all times, regardless of any disagreement, political or
personal.
2 Prescribed breaches
Members shall not—
(a) abuse other members, verbally or textually;
(b) harass other members, in any manner;
(c) spam the discord or any official subreddit;
(d) attempt to circumvent a penalty duly imposed under these rules by means of an
alternative account.
3 Prescribed penalties
The penalty for a breach of these standards shall be one or more of—
(a) a formal warning;
(b) removal of speaking and/or posting privileges in Discord and official subreddits for a
period not exceeding one week;
(c) suspension from participation in Discord and official subreddits for a period not
exceeding one week;
(d) suspension from participation in Discord and official subreddits for a period not
exceeding one year.
4. Schedules
4 Determining breaches of standards
1 At moderators' discretion
Any moderator may, at their own discretion, determine that a person (the respondent) has
committed a breach of these standards. However, application of the penalty specified in rule
3(d) shall require the approval of both houses of parliament.
Code of Conduct Rules 5 of 10
2 At request of complainant
(1) Any person (the complainant) who believes that another person (the respondent) has
committed a breach of these standards may lodge a complaint against the respondent by
serving the moderators with their complaint and the evidence supporting the complaint.
(2) If a complaint is lodged, the moderators must determine whether the complaint is frivolous or
vexatious and—
(a) if the complaint is determined to be frivolous or vexatious—immediately dismiss the
complaint without need for further action; or
(b) otherwise—determine whether the respondent has committed the alleged breach.
(3) Where a determination is made under paragraph (2)(a), the moderators must serve the
complainant with a notice setting out—
(a) that the complaint has been dismissed as frivolous or vexatious;
(b) the reasons for the determination; and
(c) their rights under these rules.
3 Parties to be informed
In determining whether a breach has been committed, the investigators must—
(a) inform each party to the determination that the respondent is being investigated for a
breach of these standards and the details of the alleged breach;
(b) inform each party of their rights under these rules;
(c) except as provided by subrule 4, give each party a reasonable opportunity to serve the
investigators with a response before making a determination; and
(d) take into account all evidence received and enquiries made, and any mitigating or
aggravating factors, when making a determination.
4 Immediate determination due to necessity
In circumstances where failing to act immediately to impose a penalty on the respondent
would pose a serious and imminent risk to the safety or wellbeing of members, then
notwithstanding subrule 3(c), the investigators may determine immediately that a breach of
these standards has been committed.
5 Penalty imposed after positive determination
Where it is determined that the respondent has committed a breach of these standards, the
investigators shall determine and impose a penalty prescribed by rule 3.
Code of Conduct Rules 6 of 10
5 Reconsideration of determinations
1 Circumstances for reconsideration
(1) A determination may only be reconsidered in the case of—
(a) a determination made under rule 4(4); or
(b) a character change that renders the original penalty imposed excessive.
(2) A request for a reconsideration must be lodged before the expiry of the original penalty
imposed.
2 Process for reconsideration
(1) A respondent may request a reconsideration of a determination listed in subrule 1 (the original
determination) by serving the investigators of the original determination with the request and
the evidence supporting the reconsideration.
(2) If a reconsideration has been requested under paragraph (1), the investigators who made the
original determination shall consider the request as if it were a complaint under rule 4(2), and
a reference in that rule to the moderators were a reference to the investigators of the original
decision, and determine whether to— (a) affirm the original determination;
(b) vary the original determination; or
(c) set aside the original determination and substitute another determination.
6 Review of determinations
1 Reviewable determinations
(1) In this rule, a reviewable determination is any determination made by investigators under
these rules, unless specified otherwise, including:
(a) a determination under rule 4(1) or (2)(2)(b) that a breach of standards has or has not
been committed;
(b) a determination under rule 4(2)(2)(a) that a complaint is frivolous or vexatious;
(c) a determination under rule 4(4) that a breach of standards has been committed;
(d) a determination under rule 5(2)(2) regarding a reconsideration;
(e) a determination under rule 6(3)(3) regarding a review; or
(f) subsequent to a determination that a breach has been committed, the penalty imposed for
that breach.
(2) A request for a review must be lodged before the expiry of the original penalty imposed.
Code of Conduct Rules 7 of 10
2 Avenue of appeal
(1) A reviewable determination made by a single investigator who is not the head moderator may
be appealed to the head moderator, unless a reconsideration could be requested under rule
5(2)(1).
(2) A reviewable determination made by the head moderator may be appealed to the moderators.
(3) A reviewable determination made by a group of investigators may be appealed to a judicial
review panel.
(4) For the purposes of this subrule, if a person or persons to whom a reviewable determination
could be reviewed fail to make a determination on that reviewable determination in a
reasonable time, that person or persons may be considered to have affirmed the reviewable
determination.
Example: A reviewable determination made by a moderator who is not the head moderator may not be appealed
to the moderators unless firstly appealed to the head moderator, or the head moderator has failed to act.
3 Process of review
(1) A review of a reviewable determination may be requested on one or more of the following
grounds:
(a) a reasonable apprehension of bias on the part of one or more investigators of the
determination;
(b) that the penalty imposed is excessive;
(c) new evidence of a substantial nature, not being reasonably available to the person at the
time of the original determination;
(d) that the determination is so illogical that it could not have been reasonably made; or
(e) that the provisions of these rules were not complied with.
(2) A person (the appellant) affected by a reviewable determination (the original determination)
may request a review of that original determination by serving the request and the evidence
supporting the request to—
(a) in the case of an appeal to a judicial review panel—the High Court, who shall cause a
judicial review panel to be appointed pursuant to Rule 6(3); or
(b) otherwise—the person or persons to whom the determination may be appealed.
(3) If a review has been requested under paragraph (2), the investigators responsible for the
review shall consider the request as if it were a complaint under rule 4(2), and a reference in
that rule to the moderators were a reference to the investigators of the review, and determine
whether to— (a) affirm the original determination;
(b) vary the original determination; or
(c) set aside the original determination and substitute another determination.
Code of Conduct Rules 8 of 10
4 Judicial review panel
1 Interpretation
This subrule applies only to reviews conducted by a judicial review panel.
2 Composition of panel
A judicial review panel shall be composed of—
(a) a member of the House of Representatives, a member of the Senate, and a member of
the judiciary.
3 Appointment of panel
(1) If a judicial review panel is required to be appointed to conduct a review under subrule 3(2),
the High Court shall appoint a judicial review panel in accordance with paragraph 2 to
consider that review.
(2) After appointing a panel under subparagraph (1), the High Court shall serve each party to the
review with a notice setting out—
(a) the composition of the appointed judicial review panel; and
(b) their rights under these rules.
4 Objection to appointments
(1) A party to a review who has a reasonable apprehension of bias on the part of one or more
members of the judicial review panel may serve the High Court with an objection to that panel
member and the evidence supporting the objection.
(2) Upon receiving an objection under subparagraph (1), the High Court shall determine whether
to—
(a) without making a finding, appoint a substitute panel member in accordance with
paragraph 2; or
(b) appoint a hearing officer (a person of good standing within the community) who shall
determine whether to—
(i) dismiss the objection if satisfied that it is not substantiated; or
(ii) uphold the objection if satisfied that there is a reasonable apprehension of bias,
and direct the High Court to appoint a substitute panel member in accordance with
paragraph 2.
(3) The High Court shall serve the parties to the review with the outcome of any objection under
subparagraph (2).
(4) A determination under subparagraph (2) is final.
Code of Conduct Rules 9 of 10
7 Miscellaneous
1 Actions must be timely
Where a person or persons are required to perform an action under these rules, including to
make a determination or to serve a document, that action must be performed within a
reasonable time.
2 Manner of making determination in a group
(1) Where a group of persons, such as the moderators or a judicial review panel, is empowered
under these rules to make a determination, that group may decide the manner in which a
determination is to be made by a motion agreed to by a majority of all members of that group.
(2) If no such decision has been made, a determination shall be made by that group by a motion
agreed to by a majority of all members of that group.
(3) A decision under this subrule as to the manner in which a determination is to be made is not a
reviewable determination for the purposes of rule 6(1)(1).
Code of Conduct Rules 9 of 9
3 Investigators may make enquiries
Where a person or persons are empowered to make a determination, they may make any
enquiries they feel to be necessary in order to make the determination.