• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Reporting Serious Health Condition
• Section 4 - Procedures
• Part A - Registrar's Enquiries
• Part B - Decision of the Registrar
• Denial of Access or Allowing Access on Conditions
• Part C - Medical Appeals Panel
• Appeal of Decision
• Medical Appeals Panel
• Procedure at Hearing of Appeal
• Appellant's Rights on Appeal
• Decision by Medical Appeals Panel
• Non-Appearance before Appeals Committee
• Decision Final Within University
• Part D - Other Matters
• Application of Disability Discrimination Act
• Misconduct Policies and Serious Health Conditions
• Effect of Cancellation of Enrolment and Medical Leave
• Confidentiality of Private Information to be Maintained
• Breach of Conditions
• Delegation by Vice-President, People and Advancement and the Academic Registrar
• Notices
• Extension of Time
• Registrar's Power to Refer for Medical Treatment
• Section 5 - Guidelines

Section 1 - Purpose and Context

(1) The University acknowledges the need for students that may have a serious health condition to be provided with appropriate medical assistance and support. The purpose of this policy is to provide a framework for dealing with students that may have a serious health condition.

Section 2 - Definitions

(2) For the purposes of this policy:

1. Academic Registrar includes a nominee of the Academic Registrar appointed under Clauses 58 - 60;
2. Applicant - means any person who is seeking enrolment in a program in, or a course offered by, the University;
3. Vice-President, People and Advancement includes a nominee of the Vice-President, People and Advancement appointed under Clauses 58 - 60;
4. Medical Appeals Panel - means the persons appointed by the Vice-President, People and Advancement under Clauses 27 - 32;
5. medical examination includes an examination by a medical, psychological or allied health practitioner;
6. medical leave - means leave of absence from the University taken by a student under Clause 13, or imposed by the Academic Registrar under Clause 14 or the Medical Appeals Panel under Clause 44 on a student who has a serious health condition;
7. notifiable disease - means a health condition notifiable under the Public Health Act 1991 (NSW) or any similar legislation;
8. serious health condition includes:
   1. a medical condition, including any notifiable disease that makes the person unfit to attend the University or to pursue or study a program or course, that:
      1. is likely to physically endanger the person or any other person; or
      2. causes or results in behaviour that might cause the person to harass to a significant extent any member of the University; or
      3. causes or results in behaviour that might cause severe emotional disturbance to any member of the University; or
      4. causes or results in behaviour that might cause the person to disrupt the provision of academic or general services to any member of the University; or
      5. is of such a nature that would prevent the person from successfully completing a program or course that the person is applying for or in which the person is currently enrolled; or
   2. a disability that, because of the inherent requirements of a relevant program or course, is likely to physically endanger the person or any other person; or
   3. a medical condition or disability that prevents the student or applicant from meeting the inherent requirements of the course in which they are enrolled or are seeking enrolment; or
   4. an illness or psychiatric condition that causes or results in behaviour that might cause:
      1. the person to harass to a significant extent any member of the University; or
      2. severe emotional disturbance to any member of the University; or
      3. the person to disrupt the provision of academic or general services to any member of the University;
9. staff - means any person employed by the University at any time under a contract of employment;
10. student - means any person who is a candidate for an award or who is or was enrolled in a program or a course offered by the University;
11. Students' Association - means HIVE Student Association which represents the University's undergraduate and postgraduate students.

Section 3 - Policy Statement

Reporting Serious Health Condition

(3) Any person who considers that an applicant or a student may have a serious health condition may report the applicant or student to the Academic Registrar.

Section 4 - Procedures

Part A - Registrar's Enquiries

(4) When the Academic Registrar becomes aware (whether as a result of a report under Clause 3 or not) that an applicant or a student may have a serious health condition, the Academic Registrar may make whatever enquiries he or she sees fit.

(5) If the Academic Registrar has reasonable grounds for believing that the applicant or student may have a serious health condition, the Academic Registrar, subject to Clause 6, must give the person written notice that:

1. outlines the nature of the report, setting out the grounds for considering that the person's medical condition constitutes a serious health condition together with information about the potential consequences of such a finding;
2. includes copies of any substantive material upon which the report was made;
3. allows the person not less than 7 days to respond to the notice, either in writing or in person as set out in the notice; and
4. notifies the student of support services available within the University.

(6) However, if the Academic Registrar has reasonable grounds for believing, on information available to the Academic Registrar at the time of preparing the notice referred to in Clause 5, that the health of the person about whom the report was made may be adversely affected by such a notice, the Academic Registrar may take and follow advice, including medical advice, on the most appropriate method of contacting the person concerned and of conducting any enquiries.

(7) If the person about whom the report was made has elected to respond to the notice in person, the Academic Registrar must set down a time for an initial meeting with the person within 14 days of the response.

(8) At the meeting:

1. the person about whom the report was made is entitled to be accompanied by another person who may provide support or otherwise assist the person to respond to matters raised by the Academic Registrar; and
2. the Academic Registrar may have a person present to provide assistance to the Academic Registrar.

(9) In undertaking any enquiries, the Academic Registrar may give consideration to any matter relating to the person's health condition as the Academic Registrar thinks fit, including:

1. a statement from any of the person's lecturers, supervisors, tutors, counsellors or disability advisors or from other staff or students, who may have information relevant to the Academic Registrar's enquiries;
2. medical reports related to the person's condition; or
3. oral or written submissions made by the person or that person's parent(s), guardian or immediate relatives about his or her condition.

(10) If the Academic Registrar has reasonable grounds for believing that any medical reports available are not sufficient for the Academic Registrar to draw reasonable conclusions regarding the extent of the person's health condition, the Academic Registrar may ask the person about whom the report was made to undergo a medical examination, at the expense of the University, by a person or persons nominated by the Academic Registrar.

(11) The Academic Registrar may reach a determination that the person has a serious health condition, taking into account the uncooperative behaviour of the person, which may contain adverse conclusions arising from the person's lack of cooperation, if the person:

1. does not undergo a medical examination arranged by the Academic Registrar or is otherwise uncooperative with the Academic Registrar; or
2. does not provide information requested or attend a medical examination arranged by the Academic Registrar.

(12) After the Academic Registrar has considered all of the material before the Academic Registrar, including any submission made by the person, the Academic Registrar must decide whether the person about whom the report was made has a serious health condition.

(13) During the course of the Academic Registrar's enquiries, the Academic Registrar may terminate his or her enquiries if:

1. a student voluntarily decides to take leave on conditions acceptable to the Academic Registrar; or
2. an applicant voluntarily decides to withdraw their application, or to agree to any conditions applicable to their enrolment that are acceptable to the Academic Registrar.

Part B - Decision of the Registrar

(14) If the Academic Registrar has made a determination under Clause 11 that a student has a serious health condition, the Academic Registrar must inform the student in writing within seven days of that decision, setting out:

1. any conditions that must be satisfied if the student is to continue to be enrolled, including taking medication, obeying medical, behavioural, or other directions; or
2. the duration of any medical leave of absence and any conditions to be satisfied before continuation of enrolment or re-enrolment will be considered by the University; or
3. whether the student's candidature or enrolment is to be terminated on medical grounds;
4. the period during which the student's candidature or enrolment is to be terminated on medical grounds; and
5. the student's right of appeal under Clauses 24 - 26.

(15) If the Academic Registrar has made a determination that an applicant has a serious health condition that prevents the enrolment of the applicant, the Academic Registrar must inform the applicant in writing within seven days of that decision, setting out:

1. any conditions that must be satisfied if the applicant is to be enrolled, including taking medication, obeying medical, behavioural, or other directions; or
2. the duration of any period during which the applicant is not permitted to enrol and any conditions to be satisfied if a future application for enrolment is to be considered by the University; or
3. whether any future application for enrolment will be considered; and
4. the applicant's right of appeal under Clauses 24 - 26.

(16) In giving information to an applicant or a student to whom Clause 6 applies, the Academic Registrar may take and follow advice, including medical advice, on the most appropriate method of contacting the person concerned.

(17) However, a student's enrolment may not be terminated until any appeal under the Medical Appeals Panel section (Clause 24 - 48) has been concluded.

(18) The powers of the Academic Registrar under this section may be exercised whether or not the person on whom a notice under Clause 5 is given has responded to it.

Denial of Access or Allowing Access on Conditions

(19) If there are reasonable grounds for believing that an applicant or a student has a health condition that is likely to be a serious health condition, the Academic Registrar may, without prior notice to the person, deny the person access to all or any of the University's facilities, or to all or any part of the University's premises, or to any activity conducted by or on behalf of the University or on University grounds, if there are reasonable grounds for believing that such action is reasonably necessary:

1. to protect the health and safety of the applicant or student concerned or any other person present at the University; or
2. to protect or preserve any property located at the University.

(20) As an alternative to the Academic Registrar acting under Clause 19 to deny access, the Academic Registrar may allow, or continue to allow, access subject to specified conditions and which conditions:

1. are assessed by the Academic Registrar as reasonably necessary:
   1. to protect the health and safety of the applicant or student concerned or any other person present at the University; or
   2. to protect or preserve any property located at the University.
2. are to be notified within seven days to the applicant or student.

(21) A denial of access under Clause 19 or an allowing of access, subject to specified conditions under Clause 20 is to remain in place for the period set by the Academic Registrar or, if an appeal is lodged under Clauses 24 - 26, until varied by the Vice-Chancellor and President.

(22) For the avoidance of doubt, neither a denial of access under Clause 19 nor the allowing of access, subject to specified conditions under Clause 20, shall, of itself, terminate a student's enrolment section.

(23) Where the Academic Registrar sends out any notice of decision (clauses 14 - 22), the Academic Registrar will ensure that details of appeal rights are provided to the student and in the case of international students, the potential consequences for their visa if there is no appeal or where the appeal is dismissed.

Part C - Medical Appeals Panel

Appeal of Decision

(24) An applicant or a student may, within 20 working days after being notified (Refer to Clauses 15 - 19) of a decision of the Academic Registrar, appeal to the Medical Appeals Panel against the decision.

(25) An appeal must be in writing and must be addressed to the Vice-President, People and Advancement.

(26) The person may ask the Vice-President, People and Advancement to vary the period of the denial of access or specified conditions attached to the allowing of access and, if the circumstances so warrant, the Vice-President, People and Advancement may vary the period or the specified conditions pending the outcome of the appeal if:

1. a person is denied access under Clause 19 or is allowed access, subject to specified conditions under Clause 20 to facilities, activities, premises or University grounds for a period; and
2. the person concerned has lodged an appeal under Clause 24; and
3. the denial of access or the allowing of access, subject to specified conditions would cause real hardship to the person concerned;

Medical Appeals Panel

(27) The Vice-President, People and Advancement must appoint a Medical Appeals Panel to hear and determine an appeal within 14 days of the receipt of the appeal.

(28) The Medical Appeals Panel must, wherever practicable, include:

1. a person who has special knowledge of the type of health or disability related issues suffered by the appellant;
2. a person with knowledge of the academic discipline being studied or proposed to be studied by the appellant; and
3. not more than 5 other persons as the Vice-President, People and Advancement thinks fit.

(29) The Vice-President, People and Advancement must appoint a person, not being a student, to be the Chair of the Medical Appeals Panel.

(30) The Vice-President, People and Advancement must appoint a person (not being a member of the Medical Appeals Panel) to be the Secretary to the Medical Appeals Panel.

(31) The Vice-President, People and Advancement may appoint a person (not being a member of the Medical Appeals Panel) to assist the Medical Appeals Panel with matters of procedure, the presentation of evidence, the calling and questioning of witnesses and the making of submissions to the Medical Appeals Panel.

(32) A Medical Appeals Panel is not to include:

1. a person who has treated the appellant for any health condition; or
2. a person who has given advice to the appellant in relation to any health condition.

Procedure at Hearing of Appeal

(33) The Medical Appeals Panel must:

1. fix a date, time and place for the hearing of an appeal; and
2. give not less than seven days notice of the hearing to the appellant.

(34) At the hearing of an appeal:

1. the quorum of the Panel is 3 members including the Chair of the Panel;
2. the procedure to be followed is at the discretion of the Panel;
3. the Panel may consult any person and inform itself on any matter in relation to an appeal in any manner it thinks fit;
4. the Panel may require the appellant to undergo a medical examination, at the expense of the University, by a person or persons nominated by the Panel;
5. the Panel has all the powers granted by this Policy to the Academic Registrar; and
6. the Panel is not bound by rules of evidence.

(35) Unless the Medical Appeals Panel directs to the contrary, a person is not entitled to be present at the hearing of an appeal unless the person is:

1. a member of the Panel;
2. the appellant or the person nominated by the appellant under Clause 42;
3. the Secretary to the Panel;
4. a person giving evidence before the Panel; or
5. a person appointed under Clause 31.

(36) An appeal hearing under these Policies is not ineffective by reason only of a formal defect or irregularity in the convening or conduct of the Medical Appeals Panel.

(37) If the appellant fails to co-operate reasonably with the Medical Appeals Panel, refuses to provide information, including medical reports, requested by the Panel or fails to attend an examination required under Clause 34(d), the Panel may proceed to a determination of the appeal, which may contain adverse conclusions arising from the person's lack of cooperation or assistance.

Appellant's Rights on Appeal

(38) At the hearing of an appeal before the Medical Appeals Panel, an appellant may:

1. appear in person;
2. make oral or written statements; and
3. with the leave of the Panel, call witnesses (providing that the Panel is satisfied that any witness so called will not be subjected to harassment in the giving of his or her evidence).

(39) Not less than seven days before the day on which the appeal is to be heard, the Medical Appeals Panel must provide the appellant with copies of any material in existence at that time and upon which the Medical Appeals Panel may rely.

(40) However, if the Medical Appeals Panel has reasonable grounds for believing, on information available to the Panel at the time of providing the material referred to in Clause 39, that the health of the person about whom the report was made may be adversely affected by provision of the material, the Medical Appeals Panel or the Academic Registrar may take and follow advice, including medical advice, on the most appropriate method of making that material available to the appellant.

(41) At the hearing of an appeal, the appellant is entitled to be accompanied by a person nominated by the appellant, being a person who may provide support or otherwise assist the person to respond to matters raised by the Medical Appeals Panel.

(42) A support person nominated under Clause 41 may advise the appellant in relation to the appeal, may address the Medical Appeals Panel and call witnesses on behalf of the appellant (providing that the Panel is satisfied that any witness so called will not be subjected to harassment in the giving of his or her evidence).

(43) An application being made in writing to the Vice-President, People and Advancement by a student who has been directed to take medical leave by the Academic Registrar under Clause 14 or is denied access under Clause 19 or is allowed access, subject to the specified conditions under Clause 19, the Vice-President, People and Advancement may direct that the student be permitted to continue to undertake that program of study or course pending the determination of the student's appeal.

Decision by Medical Appeals Panel

(44) After hearing the appeal, the Medical Appeals Panel may:

1. affirm the decision of the Academic Registrar;
2. vary the decision;
3. set aside the decision and make a fresh decision in substitution for the decision set aside; or
4. set aside the decision.

(45) The decision of the Medical Appeals Panel and the reasons for the decision must be given in writing to the appellant and the Vice-President, People and Advancement by the Secretary to the Panel within seven days of the decision.

(46) In giving the decision to an appellant to whom Clause 6 applies, the Academic Registrar may take and follow advice, including medical advice, on the most appropriate method of contacting the appellant.

Non-Appearance before Appeals Committee

(47) The appeal lapses and the decision of the Academic Registrar is affirmed, if an applicant or a student has lodged an appeal under Clause 24 and the appellant:

1. does not appear in person at the hearing of the appeal;
2. is not otherwise represented at the hearing of the appeal; and
3. does not make a written statement under Clause 38(b).

Decision Final Within University

(48) The decision of the Medical Appeals Panel is final within the University. Students may seek external avenues of redress and in the case of international students they must be advised of their right of external review to the NSW Ombudsman.

Part D - Other Matters

Application of Disability Discrimination Act

(49) To avoid doubt, when exercising powers under this Policy , the Academic Registrar, the Vice-President, People and Advancement and the Medical Appeals Panel must take into account the provisions of the Anti Discrimination Act 1977 (NSW) Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth).

Misconduct Policies and Serious Health Conditions

(50) If proceedings have been brought against a student under the University's Misconduct Policies and it appears that the student may have a serious health condition, the Vice-President, People and Advancement may:

1. suspend further proceedings under the relevant Misconduct Policies and refer the student to the Academic Registrar to be assessed according to this Policy; or
2. take no action.

(51) If, as a result of a referral under Clause 50(a), the student is found to have a serious health condition and is removed from the University on medical leave, the Vice-President, People and Advancement may permanently stay the misconduct proceedings or determine that they be deferred for a reasonable period.

(52) If, as a result of a referral under Clause 50(a) the student is not found to have a serious health condition, the Vice-President, People and Advancement may reinstate the misconduct proceedings.

(53) If a student has engaged in behaviour that is found under this Policy as not being attributable to a serious health condition but might otherwise be regarded as misconduct, the Academic Registrar or the Medical Appeals Panel may refer the student's conduct to the Vice-President, People and Advancement for consideration under the relevant Misconduct Policy.

Effect of Cancellation of Enrolment and Medical Leave

(54) If a student, whose enrolment is cancelled as a result of a decision of the Academic Registrar or the Medical Appeals Panel, has paid fees to the University, the Academic Registrar or the Medical Appeals Panel must recommend to the Vice-President, People and Advancement whether all or any part of the fees should be repaid to the student in accordance with the Higher Education Support Act and/or the International Student Refund Agreement.

(55) If a student is permitted to remain enrolled or re-enrol following a period of medical leave, then, to the extent possible, the time to meet academic standards for completion in the course or program must be extended taking into account the duration of the leave.

Confidentiality of Private Information to be Maintained

(56) Except as required by this Policy or the relevant Misconduct Policy, personal information obtained by the Academic Registrar or the Medical Appeals Panel must be kept confidential and hearings or other consideration of the circumstances of the applicant or student concerned is to be conducted in private.

Breach of Conditions

(57) If a student whose enrolment, re-enrolment or continuation in a course or program is subject to a condition imposed by the Academic Registrar or the Medical Appeals Panel breaches a condition, the Vice-President, People and Advancement may, after giving the student an opportunity to make submissions, exclude the student from the course or program, or, if the Vice-President, People and Advancement believes that the circumstances of the person so warrant, impose alternative conditions.

Delegation by Vice-President, People and Advancement and the Academic Registrar

(58) The Vice-President, People and Advancement may delegate, in writing, to his or her nominee the exercise of the their powers and the performance of the their functions under this Policy.

(59) The Academic Registrar may delegate, in writing, to the Academic Registrar's nominee the exercise of the Academic Registrar's powers and the performance of the Academic Registrar's functions under this Policy.

(60) To avoid doubt, a delegation by the Vice-President, People and Advancement or the Academic Registrar to a nominee does not prevent the performance or exercise of a function or power by the Vice-President, People and Advancement or the Academic Registrar.

Notices

(61) For the purposes of this Policy, a notice or communication that is delivered by hand or sent by post to a student at a place shown in the records of the University as the student's semester address, or permanent home address, is regarded as having been given to the student on the date on which the notice was delivered by hand or, if sent by post, on the date that it would, in the ordinary course of post, have been delivered to the student.

(62) For the purposes of this Policy, a notice or communication that is delivered by hand or sent by post to an applicant at a place advised to the University as the applicant's address, is regarded as having been given to the applicant on the date on which the notice was delivered by hand or, if sent by post, on the date that it would, in the ordinary course of post, have been delivered to the applicant.

(63) For the purposes of this Policy, a notice may be sent by email or other instantaneous electronic format to an address shown in the records of the University as belonging to the person concerned, and is regarded as being received by that person at the time notified by the electronic communication medium as being successfully sent by the University.

Extension of Time

(64) If the Vice-President, People and Advancement has reasonable grounds for believing that it is just to do so, the Vice-President, People and Advancement may extend any time limit set out in this Policy.

Registrar's Power to Refer for Medical Treatment

(65) Notwithstanding any of the provisions of this Policy, if during any period to which the operation of this Policy relate, the Academic Registrar, on reasonable grounds, apprehends or assesses that the student or applicant may be affected by a serious health condition, the nature and extent of which the Academic Registrar considers to be immediately or imminently grave and poses a threat to the student's or applicant's safety, then the Academic Registrar forthwith may refer the student or applicant for immediate medical care and treatment for such period of time as is reasonable in all of the circumstances.

(66) For the purposes of this Policy the student or applicant, in having agreed to abide by the University Student Agreement and, in particular, the Medical Assistance Policy, shall be deemed to have constituted (and this Policy shall be construed and interpreted as having so constituted) the Academic Registrar to stand in a relationship of parens patriae vis a vis the student or applicant.

(67) Should the Academic Registrar at any time act under this Policy to refer the student or applicant for immediate medical care and treatment the student or applicant shall save the Academic Registrar harmless from any possible legal claim or action whatsoever for having so acted and the student or applicant fully indemnifies (and this Policy shall be construed and interpreted that the student or applicant does so fully indemnify) the Academic Registrar in respect of and/or on account of any legal claim or action whatsoever against the Academic Registrar for having so acted.

Section 5 - Guidelines

(68) The University gratefully acknowledges the permission of the Australian National University (ANU) to use the ANU Medical Leave Rules as the basis for the development of this Policy.