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Part B - Appeals

11. Appeal of decision
12. Interim action
13. Medical Appeals Panel
14. Procedures of Medical Appeals Panel
15. Appellant’s rights on appeal
16. Decision by Medical Appeals Panel


11. Appeal of decision

11.1 A person who has been notified by the Deputy-Vice-Chancellor under Section 9 that he/she has been determined to have a serious health condition or has been denied access by an Associate Vice-Chancellor or Campus Dean under Section 4 may appeal to the Medical Appeals Panel.

11.2 Any such appeal must:

  1. be in writing, addressed to the Vice-Chancellor;
  2. be dated and signed by the person to whom the decision relates;
  3. be received by the Vice-Chancellor within 20 working days after notification of the decision against which the person appeals;
  4. provide the person’s contact details;
  5. set out the grounds for the appeal;
  6. include copies of any supporting medical report or evidence on which the person relies.

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12. Interim action

12.1 If the person:

  1. has been denied admission, enrolment or re-enrolment or ability to resume research, study or auditing of a program or unit under Section 9;
  2. has lodged an appeal under Section 11; and
  3. demonstrates to the satisfaction of the Vice-Chancellor that:
    1. the denial of admission, enrolment or re-enrolment or the suspension of research, study or auditing of a program or unit would cause real hardship to the person concerned; and
    2. the person does not constitute a risk to the University, himself/herself or any other person

the Vice-Chancellor may approve that the person be permitted to be admitted, enrol, re-enrol or resume his/her research, study or auditing of a program or unit, subject to such conditions as the Vice-Chancellor may determine, pending the outcome of the appeal.

12.2 If the person:

  1. has been denied access under Section 4;
  2. has lodged an appeal under Section 11; and
  3. demonstrates to the satisfaction of the Vice-Chancellor that:
    1. the denial of access would cause real hardship to the person concerned; and
    2. the person does not constitute a risk to the University, himself/herself or any other person

the Vice-Chancellor may approve an interim variation of the extent or duration of the denial of access, subject to such conditions as the Vice-Chancellor may determine, pending the outcome of the appeal.

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13. Medical Appeals Panel

13.1 The Vice-Chancellor will appoint a Medical Appeals Panel to hear and determine any appeal under this Policy within 10 working days of receipt of the appeal.

13.2 The Medical Appeals Panel will comprise:

  1. a person who has special knowledge of the type of health condition or disability related issue on the basis of which a decision in relation to the appellant has been made;
  2. a person with knowledge of the academic discipline in which the appellant seeks admission or is or has been enrolled;
  3. the Deputy-Vice-Chancellor (Administration and Resources) or nominee;
  4. one member of academic staff appointed by the Deputy-Vice-Chancellor (Academic) or nominee.

13.3 A Medical Appeals Panel will not include:

  1. the Deputy-Vice-Chancellor (Students, Learning and Teaching);
  2. an Associate Vice-Chancellor or Campus Dean who has been involved in consideration of the matter at an earlier stage under this Policy;
  3. the Executive Dean of the Faculty or Head of the School responsible for any program or unit for which the applicant has applied (in the case of an appeal against an admission decision) or in which the student has been or seeks to be enrolled, re-enrolled or resume research, study or auditing of a program or unit;
  4. the Director or other senior officer responsible for any organisational unit providing services of the type to which the appeal relates;
  5. a person who has treated the appellant for the health condition in question;
  6. a person who has given advice to the applicant or student in relation to the subject matter of the appeal.

13.4 The Vice-Chancellor will appoint one member to be the Chair of the Medical Appeals Panel.

13.5 The Vice-Chancellor may appoint a person (not being a member of the Medical Appeals Panel) to assist the Panel with matters of procedure, the presentation of evidence, the calling and questioning of witnesses and/or persons who may provide information or advice to the Panel, and/or the making of submissions to the Panel.

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14. Procedures of Medical Appeals Panel

14.1 A Medical Appeals Panel will:

  1. be convened and conduct such investigations as it deems appropriate as expeditiously as possible, consistent with the need to act fairly;
  2. proceed in accordance with the rules of natural justice;
  3. have access to all documentation on which the decision that the appellant has a serious health condition was based and the appeal submitted by the appellant, and will determine either to deal with the matter or to make some other recommendation(s) to the University;
  4. not fewer than 5 working days before the day on which an appeal is to be heard, provide the appellant with copies of any material in existence at that time and on which the Medical Appeals Panel may rely; provided that, if the Panel has reasonable grounds for believing that provision of that material may adversely affect the health of the appellant, the Panel may obtain advice, including medical or other professional advice, on the most appropriate method of making that material available to the appellant;
  5. at its discretion, permit the appellant to seek, in writing, additional time of no more than 5 working days to prepare his/her submission to the Panel;
  6. consult such other persons or inform itself on any matter in relation to an appeal in any manner it thinks fit;
  7. not be bound by the laws of evidence.

14.2 At a hearing before the Medical Appeals Panel, an appellant may:

  1. appear in person;
  2. be accompanied by a support person.

14.3 In proceedings before the Medical Appeals Panel a support person appointed by a student may be a person with a qualification in law. In such proceedings, the support person may make submissions, including legal submissions, on the student’s behalf unless, in the opinion of the Committee, the making of any such submission is or might be disruptive to, or may unreasonably extend, the proceedings.

14.4 The Vice-Chancellor or Deputy-Vice-Chancellor (Students, Learning and Teaching) may appoint a person with a qualification in law or a member of staff of the University to represent the University at the hearing. A person so appointed may call and examine witnesses. The person appointed may also make legal and other submissions unless, in the opinion of the Committee, the making of any such submission is or might be disruptive to, or may unreasonably extend the proceedings.

14.5 The Panel may require the appellant to undergo a medical examination, at the expense of the University, by a medical practitioner nominated by the Panel and may specify the timeframe within which such examination must be undertaken.

14.6 Unless the Medical Appeals Panel directs to the contrary, no person may be present at the hearing of an appeal unless that person is:

  1. a member of the Panel;
  2. the appellant or a support person nominated by the appellant;
  3. the Secretary to the Panel;
  4. a person giving evidence before the Panel; or
  5. a person appointed under Section 13.5.

14.7 A Medical Appeals Panel may exercise its discretion to proceed with an appeal when an appellant and/or the appellant’s support person has failed to appear for any hearing at the time and/or place notified to him/her.

14.8 A Medical Appeals Panel may exercise its discretion to proceed with an appeal where an appellant has failed to provide information (including medical reports) requested by the Panel, failed to attend a medical examination in accordance with Section 14.2 or otherwise failed to co-operate reasonable with Panel requests or proceedings.

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15. Appellant’s rights on appeal

At the hearing of an appeal before the Medical Appeals Panel, an appellant may –

  1. appear in person;
  2. be accompanied by a support person;
  3. make oral statements or submit an additional written statement;
  4. with the leave of the Panel, call witnesses, provided that the Panel is satisfied that any witness so called will not be subject to harassment in, or as a result of, the giving of his/her evidence.

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16. Decision by Medical Appeals Panel

16.1 The Medical Appeals Panel may:

  1. affirm the decision of the Deputy-Vice-Chancellor under Section 9 or the decision of the Associate Vice-Chancellor or Campus Dean under Section 4; or
  2. vary the decision; or
  3. set aside the decision and make a fresh decision in substitution for the decision set aside; or
  4. set aside the decision; and/or
  5. recommend to the Vice-Chancellor any other action, not specific to the appellant but arising from consideration of the case, which it deems appropriate.

16.2 The appellant will be informed in writing within 2 working days of the Medical Appeals Panel making a determination as set out in Section 16.1 of:

  1. the process undertaken to consider the appeal;
  2. the decision of the Medical Appeals Panel;
  3. the reason(s) for that decision;
  4. if the person is permitted to be admitted to, or to enrol, re-enrol or resume research, study, or auditing in any program or unit, any conditions that must be satisfied by the person, which may include taking medication and/or obeying medical, behavioural or other specified directions;
  5. if the person is not permitted to be admitted to, or to enrol, re-enrol or resume research, study or auditing in any program or unit:
    1. whether any existing enrolment is terminated or suspended;
    2. the duration of any period before which the person may be permitted to be considered for admission, enrolment, re-enrolment or resumption of research, study or auditing of a program or unit;
    3. any conditions to be met by the person before any future application for admission, enrolment, re-enrolment or resumption of research, study or auditing of a program or unit will be considered by the University.

16.3 In the case of a person to whom Section 6.2 applies, the Vice-Chancellor may obtain advice, including medical and/or other professional advice, on the most appropriate method of communicating the decision to the person.

16.4 The decision of the Medical Appeals Panel in relation to a determination regarding the existence of a serious health condition and of any consequences of that determination is final and there is no avenue of appeal against the decision to any other person or body within the University.

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