• Section 1 - Purpose and Context
• Section 2 - Definition
• Section 3 - Policy Statement
• Voluntary Health Leave
• Mandatory Health Leave
• Duration of Health Leave
• Status During Health Leave
• Restrictions While on Health Leave
• Reinstatement
• Unapproved Leave
• Confidential and Privacy
• Medical and Health Practitioners
• Refunds of Fees and Deferral of Student Loans
• Nominee
• Section 4 - Procedures
• Section 5 - Guidelines

Section 1 - Purpose and Context

(1) The University takes the health and welfare of its students seriously and recognises that there may be occasions when students need time away from their studies because of a serious health condition which is impacting their capacity to effectively engage with their studies.

(2) The University encourages students with a health condition to obtain assessment and/or treatment as early as possible, so that they have the best opportunity to resume their studies and participate in university life successfully and safely.

(3) This Policy establishes the framework for students with a health condition to:

1. have the opportunity to take voluntary health leave from their program where ordinary leave is not available to them under the Student Administration Policy and
2. be placed on mandatory health leave from their program for a period of time where a student’s behaviours of concern present risk,

(4) This Policy is operationalised by the Student Health Leave Procedure, which describe the processes for:

1. applying for and taking voluntary health leave and
2. placing students on mandatory health leave (including review of decisions to place them on mandatory health leave) where their behaviours of concern present a risk that cannot be managed by other means, including by taking voluntary health leave.

(5) This Policy applies to all students currently studying at the University (including students who are registered with third party providers within Australia, on approved leave of absence, or whose enrolment is inactive.

(6) Students enrolled in any of the University's health disciplines that include clinical training as part of their program must note that the University is required under section 143 of the Health Practitioner Regulation National Law (NSW) to notify the Australian Health Practitioner Regulation Agency if the University reasonably believes:

1. a student has an impairment that, in the course of undertaking clinical training, may place the public at substantial risk of harm.

(7) This Policy should be read in conjunction with the Student Health Leave Procedure, Disability Policy, Disability Standards for Education 2005, Student Administration Policy, Fitness to Practice Policy, Inherent Requirements Compliance Procedures, Privacy Policy and Support for Students Policy.

Section 2 - Definition

(8) For the purposes of this Policy, definitions that apply can be found in the Policy DDS Glossary, in addition to the following: 

1. Behaviour of concern means behaviours of such intensity, frequency or duration that the physical or mental safety of the person or others is placed in serious jeopardy, or behaviours which are likely to seriously limit or deny their or others engagement with their studies or access to the use of ordinary community facilities
2. Health Assessment Panel means the panel established under the Student Health Leave Procedure to consider whether to place a student on mandatory health leave
3. Health Condition means a temporary or permanent physical or mental health condition
4. Health Leave means either voluntary or mandatory health leave
5. International Student for the purposes of this policy refers to a student who holds a student visa to study in Australia.  (same as Progression Policy)
6. Mandatory Health Leave means any health leave that the University requires a student to take in accordance with this Policy and the Student Health Leave Procedure 
7. Ordinary Leave of Absence means any leave of absence (including any deferred leave) available to or taken by a student under the Student Administration Policy
8. Risk means any behaviour of concern or conduct by a student with a health condition that:
   1. is or could be reasonably expected to pose a risk to the health, safety or welfare of a person, including behaviour that results in unreasonable levels of distress or disruption to others and/or
   2. unreasonably disrupts or could reasonably be expected to disrupt or place at risk any property, business, systems or operations of the University (including teaching or research activities and provision of services)
9. Medical or Health Practitioner for the purposes of this policy means an independent specialist or health practitioner external to the University, that is, not employed as a staff member of the University
10. Voluntary health leave means health leave taken voluntarily by a student under this Policy and the Procedure.

Section 3 - Policy Statement

Voluntary Health Leave

(9) The University strongly encourages any student with a health condition who requires significant time away from their studies due to the impact of their condition (regardless of whether there are any behaviours of concern) and who otherwise cannot apply for Leave of Absence through the University's standard procedures, to apply for voluntary health leave at any time, including after the approved census date in exceptional cases.

(10) The following support is available where a student’s health condition impacts or is likely to impact their ability to effectively engage in their studies including meeting the requirements (including any inherent requirements or applicable professional standards) applicable to that program (refer Support for Students Policy):

1. wellbeing services, including counselling and disability services
2. making reasonable adjustments to students’ learning and teaching environments and assessment procedures 
3. allowing special circumstance fee remissions to lessen financial impact on students where possible and/or
4. facilitating voluntary leave from study, including retrospective amendment to enrolment status where this is possible within legislative limits.

(11) Voluntary health leave is only available to students where ordinary leave of absence is not available to them under the Student Administration Policy. (Refer to the Student Administration Policy for information about leave of absence)

(12) Students who are currently Suspended or Excluded, or who are currently the subject of allegations of student misconduct, are ineligible to apply for voluntary health leave unless referred under the Student Misconduct Rule as a matter to be dealt with under this Policy and the Student Health Leave Procedure.

(13) International students are eligible to apply for voluntary health leave but should be aware that the University is required to report any leave of absence to the Department of Home Affairs (or equivalent). As this may have consequences for the student’s visa, they are strongly encouraged to first consult with the International Student Welfare Coordinator before applying for health leave.

Mandatory Health Leave

(14) The University can place a student on mandatory health leave if the student exhibits behaviours of concern. The process for dealing with these circumstances is set out in the Student Health Leave Procedure.

Duration of Health Leave

(15) Voluntary health leave may be granted for a period not exceeding 12 months. Students are strongly encouraged to check with their Academic Success and Program Support Officer or supervisor about the structure and future availability of the program or subject before applying for leave. Students undertaking honours or research degrees should also consult with their supervisor(s) about their availability to continue supervision following expiry of that leave.

(16) Mandatory health leave will be for a period of time (which can be definite or indefinite) as decided by the Health Assessment Panel, taking into account the seriousness of the behaviours of concern and risks. The Health Assessment Panel must specify a minimum period of time (which must be no less than one teaching term) before a student can apply for reinstatement and any conditions of making an application.

(17) The period of any approved voluntary or mandatory health leave will not be counted as leave taken under the Student Administration Policy and will also not be included as part of any calculation of the student’s progression through their program.

Status During Health Leave

(18) Subject to this Policy and its related Procedures, a student who takes approved voluntary health leave under this Policy does not have to reapply for admission to the University when they recommence their studies if the duration of that approved health leave falls within the maximum permissible time for reinstatement (See Reinstatement section).

(19) Students who do not re-enrol in the next teaching term following the expiry date of their voluntary health leave will be regarded as having abandoned their program. (See clauses on Unapproved Leave).

(20) Any health leave will be recorded on the University's student file but will not be recorded on any official transcript issued by the University.

Restrictions While on Health Leave

(21) Students who take approved voluntary health leave may continue to engage with and visit the University, but subject to the same rules that apply to students taking ordinary leave of absence and to any restrictions imposed as a condition of approval of that health leave.

Reinstatement

(22) A student can be reinstated only to the program in which they were enrolled immediately before taking health leave. If the student wishes to enrol in another program of study they:

1. must apply for admission to that program under the Student Administration Policy - Admissions Procedure and
2. may only do so after their health leave expires.

(23) Reinstatement in the same program will be subject to:

1. program or subject availability and
2. the student being able to comply with any changes to program requirements (including those imposed by an external accrediting body) made since the student commenced their approved health leave.

(24) A student who wishes to be reinstated to their program when their mandatory health leave expires must apply in writing to the Deputy Vice-Chancellor, Education and Students for reinstatement no less than three months before that mandatory health leave is due to expire. Refer to the Student Health Leave Procedure for application requirements. An application for reinstatement must include a report from their treating medical or health practitioner that confirms, to the reasonable satisfaction of the University that, in that practitioner’s opinion, the student:

1. is fit to resume their studies and
2. does not or is unlikely to pose a risk:
   1. to the health, safety (physical and mental) or welfare of any person or
   2. that unreasonably disrupts or could reasonably be expected to disrupt or place at risk any person, property, business, systems or operations of the University (including teaching or research activities).

(25) The Deputy Vice-Chancellor, Education and Students can, if not satisfied with the assessment of the medical or health practitioner, discuss with the student their participation in a further assessment by a Health Assessment Panel or a separate assessment by an independent specialist medical or health practitioner at the University's cost. The student must be advised that declining this request may result in their reinstatement being delayed or declined. 

(26) If the total period of leave taken by a student who takes voluntary health leave, or is placed on mandatory health leave under this Policy and/or taken under the Student Administration Policy, exceeds the greater of four consecutive teaching terms or two years, that student:

1. is not entitled to reinstatement under this Policy and
2. must re-apply for admission according to the Student Administration Policy - Admissions Procedure when their mandatory health leave expires.

(27) A student on mandatory health leave cannot apply for reinstatement until the expiration of the later of:

1. at least one teaching term or
2. a longer minimum period of time prescribed by the Health Assessment Panel.

(28) Before they apply for reinstatement, students must seek advice and assistance from their Academic Success and Program Support Officer to ensure currency and about their chances of successfully recommencing and completing their program.

Unapproved Leave

(29) Other than in exceptional circumstances, the University will lapse a student’s enrolment if the student does not re-enrol after their approved health leave or does not have an extension of time approved before their health leave expires. If this occurs, students must re-apply for admission according to the then prevailing criteria under the Student Administration Policy - Admissions Procedure. Admission will be conditional upon the student:

1. meeting any conditions of readmission specified in the Student Administration Policy - Admissions Procedure and
2. if the student is on mandatory health leave, meeting any conditions for reinstatement imposed by the Health Assessment Panel and/or
3. undergoing a further medical assessment in accordance with this Policy and the Student Health Leave Procedure.

Confidential and Privacy

(30) All information provided to the University about a student’s health condition will be treated as strictly confidential and managed as personal health information in compliance with the Health Records and Information Privacy Act 2002 (NSW). It will only be disclosed to those University staff with a need to know for the purposes of providing advice or assistance or making or implementing decisions under this Policy and the related Procedures, and in compliance with the University's Privacy Policy and Privacy Management Plan.

Medical and Health Practitioners

(31) To ensure the integrity of this Policy, the University will only accept certificates, reports and opinions issued by appropriately qualified and experienced medical practitioners or health professionals external to the University with expertise in the area of the student’s health condition and who are registered to practice under the Health Practitioner Regulation National Law (NSW).

Refunds of Fees and Deferral of Student Loans

(32) Information about refunding of fees is outlined in the Student Administration Policy and Student Administration Policy - Student Fees Procedure.

(33) Students who wish to take voluntary health leave are strongly encouraged to seek advice from Student Services Hub about the financial consequences for them in relation to fees and student loans before they apply.

(34) Students who are placed on health leave will be provided with support to apply for withdrawals without academic and financial penalty for any enrolled subjects during the period of mandatory leave, as required. 

(35) The University will assist students to obtain refunds if they take voluntary health leave.

Nominee

(36) A person who is authorised to do anything under the Student Health Leave Procedures may designate a nominee in writing (who must be at the same level or more senior than that person) to perform that function if that person:

1. reasonably believes there is or may be a conflict of interest or perception of or actual bias or
2. is otherwise unavailable to exercise that function.

Section 4 - Procedures

(37) Refer to the Student Health Leave Procedure.

Section 5 - Guidelines

(38) Nil.