9.1 Exclusion from admission

9.1.1 Notwithstanding any other provision of these Regulations, if a Dean or other authorised officer is of the opinion that an applicant for admission to a program or unit -
(a) has a demonstrable history or documented condition or disability that appears likely to result in -
(i) injury to the person concerned or to any other person;
(ii) harassment to a material extent of any member of the University;
(iii) severe emotional disturbance to any member of the University;
(iv) serious disruption to the provision of academic or other services to any member of the University; or
(v) serious damage to property; or
(b) by reason of a condition or disability, the person requires adjustments or facilities that in the circumstances of the case cannot reasonably be made available and without those services or facilities the person would not be able to participate or continue to participate in the program or be reasonably likely to derive or continue to derive material benefit from the program; or
(c) for any other reason the person is or is unlikely to be unable to benefit materially from the program:
the Dean or authorized officer shall report that opinion to the Vice-Chancellor.

9.1.2 The Vice-Chancellor may determine that the applicant be refused admission as a student of the University.

9.1.3 The Vice-Chancellor will issue such a determination only if satisfied that
(a) the person has acted or behaved, is acting or behaving or, if the person were enrolled as a student, is likely to act or behave, in a way which involves a risk of -
(i) injury to the applicant or student or to any other person;
(ii) harassment to a material extent of any member of the University;
(iii) severe emotional disturbance to any member of the University;
(iv) serious disruption to the provision of academic or other services to any member of the University; or
(v) serious damage to property.
(b) by reason of a condition or disability, the person requires adjustments or facilities that in the circumstances of the case cannot reasonably be made available and without those services or facilities the person would not be able to participate or continue to participate in the program or be reasonably likely to derive or continue to derive material benefit from the program;
(c) for any other reason the person is or is likely to be unable to benefit materially from the program.

9.1.4 The Vice-Chancellor is not required to afford the person an opportunity to tender evidence or make submissions or accord a hearing before making such a determination.

9.1.5 In making a determination under Regulation 9.1.2 the Vice-Chancellor may consult a medical practitioner or other person or persons who may have specialist knowledge of the condition or disability.

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9.2 Exclusion or suspension from enrolment or re-enrolment

9.2.1 A Dean may refer an application for enrolment or re-enrolment to the Vice-Chancellor or recommend cancellation or suspension of enrolment if the Dean is of the opinion that -
(a) there exists a demonstrable history or documented condition or disability that appears likely to result in -
(i) injury to the person concerned or to any other person;
(ii) harassment to a material extent of any member of the University;
(iii) severe emotional disturbance to any member of the University;
(iv) serious disruption to the provision of academic or other services to any member of the University; or
(v) serious damage to property; or
(b) by reason of a condition or disability, the person requires adjustments or facilities that in the circumstances of the case cannot reasonably be made available and without those services or facilities the person would not be able to participate or continue to participate in the program or be reasonably likely to derive or continue to derive material benefit from the program; or
(c) for any other reason the person is or has become unable to benefit materially from the program.

9.2.2 The Vice-Chancellor may take whatever action he/she deems appropriate. Such action may include suspending or terminating the student's enrolment or part thereof or permitting the student to continue the unit or program on such conditions as the Vice-Chancellor may impose.

9.2.3 In making a determination under Regulation 9.2.2, the Vice-Chancellor may consult a medical practitioner or other person or persons who may have specialist knowledge of the condition or disability.

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9.3 Applicability of relevant legislation

In considering an application for admission, enrolment or re-enrolment under this Regulation, the Dean and the Vice-Chancellor will act in accordance with the provisions of relevant legislation and case law, in particular relevant State and/or Commonwealth Disability Discrimination legislation, Occupational Health and Safety legislation, The Workplace Relations Act 1996 (Cth) and relevant judicial decisions, including decisions ofthe Human Rights and Equal Opportunity Commission.

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9.4 Notice to applicant or student

When issuing a determination under this Regulation, the Vice-Chancellor should, within five working days, provide a written notice of exclusion, termination or suspension to the applicant or student -
(a) setting out the terms of the determination;
(b) setting out in summary form the reason for the determination;
(c) informing the person that he or she is entitled to appeal to a Review Board against the determination; and
(d) referring to the provisions of these Regulations.

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9.5 Appeal

9.5.1 A person who receives such a determination may, within twenty working days of receipt of the notice of exclusion, termination or suspension provide a written response -
(a) appealing against the determination; and
(b) setting out the grounds of such appeal.

9.5.2 Within 20 working days of receipt of an appeal, the Vice-Chancellor will notify the Executive Director, University Services, who must establish a Review Board in accordance with Regulation 9.7.

9.5.3 A determination remains in force until it is either revoked or varied by the Vice-Chancellor or a Review Board.
9.5.4 While an appeal is under review, the person is not eligible to be admitted or enrolled or re-enrolled as a student or to have termination of enrolment, suspension or exclusion lifted.

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9.6 Report to Senate

Upon issuing a determination under this Regulation, the Vice-Chancellor will provide to the next meeting of Senate a report setting out in summary form the terms of and reason for the determination. Any such report will not disclose the names of the individuals concerned.

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9.7 Review Board membership

9.7.1 The Review Board will consist of -
(a) two persons who may be members of Senate, other than staff or student members, appointed by the Chancellor who will also appoint one of those persons as chair of the Board;
(b) the Chair of Academic Board or nominee.

9.7.2 In the case of a Review Board constituted in relation to exclusion on health grounds, it should, whenever practicable, include a person who has special knowledge of the condition or disability of the appellant.

9.7.3 A Review Board will not include -
(a) the Dean of the Faculty or Head of School responsible for any program for which the appellant has applied or in which the appellant has been or seeks to be enrolled or re-enrolled;
(b) in the case of exclusion on health grounds, a person who has treated the appellant for the condition in question;
(c) a person who has given advice to the appellant in relation to the grounds for exclusion, termination or suspension.

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9.8 Powers and procedures of the Review Board

9.8.1 The Review Board must ensure procedural fairness and, in particular, will observe the principles contained in this Regulation.
9.8.2 The Review Board will -
(a) conduct its investigations as expeditiously as possible, consistent with the need to act fairly;
(b) determine the matter on the basis of evidence presented by the University and the appellant, act fairly, and proceed in a way that is appropriate, without being bound by legal technicalities or the laws of evidence;
(c) give the appellant a copy of, or an opportunity to inspect, all relevant information, including documents, available to it in relation to the matter;
(d) give the appellant a reasonable opportunity to appear before the Board to respond to the determination;
(e) give the appellant at least five working days' written notice of the date, time and place of any meeting;
(f) permit the appellant to seek, in writing, additional time of no more than five working days to prepare the appellant's submission to the Review Board;
(g) permit the appellant to be accompanied by a support person, who must not be a legal practitioner or a person with a law degree;
(h) permit the appellant and any support person to be present throughout the meeting, except when members of a Board wish to confer privately among themselves or to consider their decision; and
(i) conduct any hearing in closed session.

9.8.3 In the case of a Review Board constituted in relation to exclusion on health grounds, the Board-
(a) must consider any medical evidence submitted by the appellant; and
(b) may require the appellant to undergo a medical examination, at the expense of the University, by a person or persons nominated by the Review Board.

9.8.4 Failure of the appellant, or where the appellant is physically unable the appellant’s support person, to appear at the notified time will not prevent the Review Board from proceeding to investigate and determine the matter.

9.8.5 In the event of failure or refusal of the appellant to undergo an examination requested under Regulation 9.8.3, the Board may submit details of the matter including, if deemed appropriate, the Board's evaluation of the health of the appellant, to a qualified person determined by the Board. This qualified person will report to the Board which may include that report in its determination of the matter despite the absence of any examination of the appellant.

9.8.6 The Review Board will deal with all health records in accordance with the relevant State Health Records legislation.

9.8.7 The Review Board has complete authority to keep order in any proceedings, including the authority to order the removal of any person, including the appellant and/or his or her support person.

9.8.8 A written record of all proceedings of the Review Board will be maintained. Such record will contain a fair summary of the evidence submitted to or obtained by the Board and other minutes of its proceedings necessary to show the way in which it conducted the inquiry.

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9.9 Decision of Review Board

9.9.1 The Review Board must decide either to affirm or to revoke the Vice-Chancellor's determination on such terms and conditions as it deems appropriate.

9.9.2 The Review Board must not revoke a determination unless it is satisfied that the appellant has not acted or behaved, and if enrolled or re-enrolled as a student is not likely to act or behave, in a way which involves a risk of the kind described in Regulation 9.1.2.

9.9.3 If the Review Board revokes the determination, the appellant's application for admission and enrolment or re-enrolment will be subject to the appellant's meeting any academic requirements under these Regulations or the relevant program rules, and to such special conditions as the Review Board may impose.

9.9.4 The decision of the Review Board will be final and there will be no avenue of appeal against that determination to any other body within the University.

9.9.5 The Review Board will provide a written report to the Executive Director, University Services who, within five working days of finalisation of the appeal by the Board, will notify the appellant of the -
(a) process undertaken;
(b) decision reached on the appeal;
(c) reasons for the decision, including any conditions imposed if the appellant is permitted to be considered for admission, enrolment or re-enrolment.

9.9.6 A copy of the notification to the student will be provided to the Vice-Chancellor, the relevant Dean and the Academic Registrar.

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9.10 Breach of condition imposed by Review Board

A student who breaches any condition imposed by the Review Board may be guilty of misconduct which will be dealt with in accordance with Statute 10 (Student Conduct and Discipline).

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9.11 Reimbursement of fees, student contribution and re-credit of Student Learning Entitlement

If a person whose application for admission, enrolment or re-enrolment or for reinstatement after cancellation of enrolment has been refused under this Regulation, has already paid fees or student contribution amounts to the University, or consumed student learning entitlement, a decision on reimbursement or remission or otherwise, in whole or in part, of such fees, student contribution(s), or student learning entitlement will be made -
(a) in the case of an appeal determined by the Review Board, by that Board;
(b) in any other case, by the Executive Director, University Services or nominee.

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9.12 Readmission

9.12.1 A student who has been excluded or suspended from the University or whose enrolment has been terminated under this Regulation may apply for readmission to the University after the expiration of one year from the date of exclusion, suspension or termination provided any conditions imposed by the Vice-Chancellor or the Review Board have been satisfied.

9.12.2 In dealing with an application for readmission to the University, the Faculty will take into consideration the normal admission criteria for that year and the likelihood of successful completion of the program based on evidence of changed circumstances and expert advice available.

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