When exercising powers under this Policy, the Vice-Chancellor, a Deputy-Vice-Chancellor, Associate Vice-Chancellor, Campus Dean, Medical Appeals Panel and any other relevant officer will act in accordance with the provisions of relevant legislation, in particular relevant state/territory and/or Commonwealth Disability Discrimination legislation, Occupational Health and Safety legislation, Workplace Relations legislation and relevant judicial decisions, including decisions of the Human Rights and Equal Opportunity Commission.
18. Statute 10 Student Conduct and Discipline and serious health conditions
18.1 If proceedings have been brought against a student under Statute 10 Student Conduct and Discipline and it appears that the student may have a serious health condition, the Deputy-Vice-Chancellor may:
suspend further proceedings under Statute 10 and deal with the matter in accordance with this Policy; or
allow the matter to continue to be dealt with under Statute 10.
18.2 If, as a result of action being taken under Section 18.1(a), the student is found to have a serious health condition and his/her enrolment is refused, terminated or suspended, the Deputy-Vice-Chancellor may permanently stay the proceedings under Statute 10 or determine that those proceedings be deferred for such period of time as the Deputy-Vice-Chancellor may determine.
18.3 If, after action being taken under Section 18.1(a), the student is found not to have a serious health condition, the Deputy-Vice-Chancellor may reinstate the proceedings under Statute 10.
18.4 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 under Statute 10, the Deputy-Vice-Chancellor or the Medical Appeals Panel may refer the student’s conduct to the Designated Officer for consideration under Statute 10.
19. Effect of cancellation or termination of enrolment
If a student’s enrolment in a program or unit is cancelled or terminated or the student withdraws from a program or unit following a determination under this Policy, the student will be relieved of liability (which may include refund of moneys already paid) for any fees or student contribution amounts payable or use of Student Learning Entitlement, in respect of his/her enrolment in the relevant study period.
Personal information obtained by the Vice-Chancellor, a Deputy-Vice-Chancellor, Associate Vice-Chancellor, Campus Dean or Medical Appeals Panel must be kept confidential. Any hearing and/or other consideration of the circumstances of the applicant or student concerned is to be undertaken in closed session and the matter is to be treated in strict confidence, except as necessary for the discharge of that person’s or committee’s responsibilities or as otherwise required by law.
If a student, whose admission, enrolment, re-enrolment or continuation of research, study or auditing in a program or unit is subject to a condition imposed under this Policy, breaches any such condition, the Vice-Chancellor may, after giving the student an opportunity to make a submission, exclude the student from the research, program or unit or, if the Vice-Chancellor believes that the circumstances so warrant, affirm the existing conditions and/or impose alternative conditions.
22. Delegation by Vice-Chancellor or Deputy-Vice-Chancellor
22.1 The Vice-Chancellor may delegate, in writing, to his/her nominee the exercise of the Vice-Chancellor’s powers and the performance of the Vice-Chancellor’s functions under this Policy either generally or in relation to a particular case.
22.2 A Deputy-Vice-Chancellor may delegate, in writing, to his/her nominee the exercise of the Deputy-Vice-Chancellor’s powers and the performance of the Deputy-Vice-Chancellor’s functions under the Policy either generally or in relation to a particular case.
22.3 An Associate Vice-Chancellor or Campus Dean may delegate, in writing, to his/her nominee the exercise of the Associate Vice-Chancellor/Campus Dean’s powers and the performance of that position’s functions under the Policy in relation to any period of time during which the Associate Vice-Chancellor or Campus Dean will be absent from the campus.
22.4 A delegation by the Vice-Chancellor, Deputy-Vice-Chancellor, Associate Vice-Chancellor or Campus Dean to a nominee does not prevent the performance or exercise of a function or power by the Vice-Chancellor or relevant Deputy-Vice-Chancellor, Associate Vice-Chancellor or Campus Dean.
25.1 The Deputy-Vice-Chancellor will maintain a record of all decisions taken under this Policy and of the supporting documentation taken into consideration in reaching those decisions. These records will form part of the student’s confidential file which may be made available:
to persons within the University if, in the opinion of the Deputy-Vice-Chancellor, they have a legitimate need to know; and
to persons outside the University in response to:
a written request by the Police;
a court order or subpoena; or
a request by another higher education provider or affiliated residential facility of such a provider if, in the opinion of the Deputy-Vice-Chancellor, it has a legitimate need to know.
25.2 Any such documents will be maintained in accordance with the University’s Records and Archives Management Policy.