Policy on Serious Health Conditions - Students
PART A - Determinations Regarding Serious Health Conditions
The following words and expressions have the following meanings in this policy:
Applicant means any person who is seeking admission to the University in order to pursue any program, unit or research, or to audit any unit, offered by the University.
Deputy Vice-Chancellor, unless otherwise stated, means the Deputy Vice-Chancellor (Students, Learning and Teaching) and includes a nominee of the Deputy Vice-Chancellor appointed under Section 22.
Medical examination means an examination by a medical practitioner1.
Medical reports means reports on the person’s health condition provided by a medical practitioner1 or any other health or allied health practitioner to whom the person has been referred by a medical practitioner.
Notifiable disease means a health condition notifiable under any relevant state, territory or federal legislation.
Serious health condition includes:
- an illness, or physical or psychiatric condition (including any notifiable disease) that impacts adversely on a person’s capacity to pursue or benefit from any program, unit or research, or that creates a reasonably apprehended risk that any of the following consequences may ensue from it:
- physical injury to the person concerned or any other person;
- harassment of any member of or visitor to the University;
- serious emotional disturbance to any member of or visitor to the University;
- serious disruption to academic or other activities at the University; or
- serious damage to property; or
- an illness or physical or psychiatric condition (including a notifiable disease) or disability for which the person requires adjustments or facilities that in the circumstances of the case cannot reasonably be provided and without which:
- the person or any other person may be physically endangered; or
- the person would not be able to participate in a program, unit or research or to derive a benefit from that program, unit or research.
Support person means a person, other than a person with a qualification in law, whom the applicant or student designates as their support person in proceedings under this Policy. A support person may make submissions on behalf of an applicant or student unless the Provost or Deputy Vice-Chancellor, Associate Vice-Chancellor or Campus Dean dealing with the matter considers that the making of any submission is or might be disruptive to, or may unreasonably extend, the proceedings.
University premises or University’s premises means any campus, facility or other place where the University is conducting teaching, research or other activities.
Visitor to the University means any person lawfully on University premises.
2.1 Any person who has reasonable grounds for believing that an applicant or a student may have a serious health condition may report their concern to the relevant Associate Vice-Chancellor or Campus Dean.
2.2 An application for admission, re-admission or transfer by a person whose enrolment at this or another university has been refused, terminated or suspended on medical grounds will be referred to the Provost or Deputy Vice-Chancellor.
3.1 Upon becoming aware, whether as a result of a report under Section 2 or otherwise, that an applicant or student may be suffering from a serious health condition, the Associate Vice-Chancellor or Campus Dean may undertake such investigation as they determine appropriate.
3.2 If in the opinion of the Associate Vice-Chancellor or Campus Dean there are reasonable grounds for believing that an applicant or student may have a serious health condition, the Associate Vice-Chancellor or Campus Dean:
- will report the matter to the Provost or Deputy Vice-Chancellor; and
- may, where the circumstances warrant, take action under Section 4.
4.1 If, following preliminary investigation under Section 3, an Associate Vice-Chancellor or Campus Dean has reasonable grounds for believing that:
- an applicant or a student has a health condition that is likely to be a serious health condition; and
- denial of access by the person to University premises is reasonably necessary to avert a substantial risk, in order to:
- protect the health and safety of the applicant or student concerned or any other member of or visitor to the University; or
- protect or preserve any property located on the University’s premises
the Associate Vice-Chancellor or Campus Dean may, without prior notice to the person, deny the person access to all or any of the University’s premises or to any activity conducted by or on behalf of the University for such period as the Associate Vice-Chancellor or Campus Dean may determine.
4.2 The Associate Vice-Chancellor or Campus Dean is not required to afford the person an opportunity to tender evidence or make a submission or the opportunity of a hearing before making such a decision in any such urgent circumstances.
4.3 Where the Associate Vice-Chancellor or Campus Dean has taken action to deny access under Section 4.1, they must refer the matter to the Provost or Deputy Vice-Chancellor within one working day. The Provost or Deputy Vice-Chancellor may, after investigation, institute such other measures and/or make such determinations as they consider necessary, having regard to the circumstances of the student and the University.
4.4 A denial of access under Section 4.1 will remain in place for the period determined by the Associate Vice-Chancellor, Campus Dean or Provost or Deputy Vice-Chancellor or, if an appeal is lodged, until varied by a Medical Appeals Panel.
Denial of access under Section 4.1 does not, of itself, terminate a student’s enrolment.
5.1 In reviewing any matter referred to the Provost or Deputy Vice-Chancellor under Section 3.2(a), the Provost or Deputy Vice-Chancellor may consider such matters relating to the person’s health condition as the Provost or Deputy Vice-Chancellor deems appropriate, including:
- the report from the Associate Vice-Chancellor or Campus Dean;
- a statement from any of the person’s lecturers, supervisors, tutors, counsellors or disability advisers or other staff or students who may have information relevant to the matter, provided that the Provost or Deputy Vice-Chancellor is satisfied that any such staff or students will not be subject to harassment by the person whose health condition is being investigated, as a result of giving that information;
- medical reports related to the person’s health condition; and/or
- oral and/or written submissions made by the person about their health condition.
5.2 If, in the opinion of the Provost or Deputy Vice-Chancellor, there are insufficient or no reasonable grounds for believing that the applicant or student may have a serious health condition, the Provost or Deputy Vice-Chancellor will advise the Associate Vice-Chancellor or Campus Dean and any other relevant officers accordingly.
6.1 If in the opinion of the Provost or Deputy Vice-Chancellor there are reasonable grounds for believing that an applicant or student may have a serious health condition, subject to Section 6.2, the Provost or Deputy Vice-Chancellor will issue a written notice to the person that:
- sets out the nature of the assessment as to the person’s health, including the grounds for the assessment that the person has a serious health condition;
- includes a copy of any substantive material upon which the assessment was made, including all information available to the Provost or Deputy Vice-Chancellor under Section 5.1;
- outlines the potential consequences of a finding that the person has a serious health condition;
- allows the person not fewer than five working days in which to respond to the notice in writing or as otherwise set out in the notice.
6.2 If, on the information available to the Provost or Deputy Vice-Chancellor at the time of preparing the notice referred to in Section 6.1, the Provost or Deputy Vice-Chancellor determines that there are reasonable grounds for believing that the person to whom the notice is to be issued may be adversely affected by receipt of such a notice, the Provost or Deputy Vice-Chancellor may obtain advice, including medical and/or other professional advice, on the most appropriate method of communicating with the person and/or of conducting any further investigation.
6.3 The Provost or Deputy Vice-Chancellor may, at their discretion, permit the person to seek, in writing, additional time of no more than five working days to prepare their response to the notice.
6.4 If the person has been admitted to hospital at the time of issue of the notice, the Provost or Deputy Vice-Chancellor may, at their discretion, grant the person such additional time to respond as the Provost or Deputy Vice-Chancellor determines.
7.1 Any response by the person to whom a notice is addressed must:
- unless otherwise indicated in the notice, be in writing;
- be dated and signed by the person to whom the notice is addressed;
- provide the person’s preferred contact details to be used during any investigation regarding their health condition;
- provide a response to the report and the grounds for the assessment that they may have a serious health condition;
- include copies of any supporting medical report or evidence on which the person relies.
7.2 If the person to whom a notice was issued is offered and has taken up the option to respond to the notice in person:
- they may be accompanied at any meeting by a support person;
- the Provost or Deputy Vice-Chancellor may be accompanied by another person, other than a qualified person with a qualification in law, at any such meeting.
7.3 Failure of the person to respond within five working days, or extended period approved by the Provost or Deputy Vice-Chancellor under Section 6.3 or 6.4, or failure by the person and/or the person’s support person to appear for any meeting or discussion of their health condition at the time and/or place notified to them, will not prevent the Provost or Deputy Vice-Chancellor from proceeding to investigate and determine the matter.
8.1 The Provost or Deputy Vice-Chancellor will review the person’s response in conjunction with other information available to the Provost or Deputy Vice-Chancellor, and to which the person has been provided access under Section 6.
8.2 If the Provost or Deputy Vice-Chancellor has reasonable grounds for believing that any available medical report does not provide a sufficient basis from which to draw reasonable conclusions regarding the person’s health condition, the Provost or Deputy Vice-Chancellor may require the person to undergo a medical examination, at the expense of the University, by a medical practitioner nominated by the Provost or Deputy Vice-Chancellor and may specify the timeframe within which such examination must be undertaken.
8.3 After the Provost or Deputy Vice-Chancellor has considered all material relevant to the case, including any submission made by the person to whom the notice was issued, the Provost or Deputy Vice-Chancellor will determine whether that person has a serious health condition.
8.4 If the person:
- does not undergo a medical examination arranged by the Provost or Deputy Vice-Chancellor; and/or
- does not provide information requested by the Provost or Deputy Vice-Chancellor or by the nominated medical practitioner; and/or
- is otherwise unco-operative with the Provost or Deputy Vice-Chancellor
the Provost or Deputy Vice-Chancellor may nevertheless make a decision as to whether the person has a serious health condition, taking into account the unco-operative behaviour of the person. That decision may contain adverse conclusions arising from the person’s lack of co-operation.
8.5 The Provost or Deputy Vice-Chancellor will normally make a decision on the matter within five working days of the due date (or extended due date, if applicable) for response. If the person has sought a meeting and it has not been possible to arrange a meeting within that time, or if the Provost or Deputy Vice-Chancellor has requested the person to undergo a medical examination under Section 8.2, the matter will normally be determined within five working days of any such meeting or of receipt of the report on the medical examination.
9.1 The Provost or Deputy Vice-Chancellor will inform the person in writing within five working days of making a decision as set out in Section 8 of:
- the process undertaken to consider the matter;
- the Provost or Deputy Vice-Chancellor’s decision;
- the reason(s) for that decision;
- if the person is permitted to be admitted to, or to enrol, re-enrol or resume research, study or auditing in a 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;
- if the person is not permitted to be admitted to, or to enrol, re-enrol or resume research, study or auditing in a program or unit:
- whether any existing enrolment is terminated or suspended;
- 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;
- 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;
- the person’s right of appeal.
9.2 In the case of a person to whom Section 6.2 applies, the Provost or Deputy Vice-Chancellor may obtain advice, including medical and/or other professional advice, on the most appropriate method of communicating the decision to the person.
9.3 The Provost or Deputy Vice-Chancellor will provide a copy of the letter to the relevant Associate Vice-Chancellor/Campus Dean and such other staff as are relevant.
If, at any time before determination of the matter by the Provost or Deputy Vice-Chancellor the person voluntarily withdraws their application for admission or withdraws from enrolment/re-enrolment in the program, unit or research or auditing the program or unit, the Provost or Deputy Vice-Chancellor may terminate their investigation or review.
PART B - Appeals
11.1 A person who has been notified by the Provost or Deputy Vice-Chancellor under Section 9 that the person 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:
- be in writing, addressed to the Vice-Chancellor;
- be dated and signed by the person to whom the decision relates;
- be received by the Vice-Chancellor within 20 working days after notification of the decision against which the person appeals;
- provide the person’s contact details;
- set out the grounds for the appeal;
- include copies of any supporting medical report or evidence on which the person relies.
12.1 If the person:
- has been denied admission, enrolment or re-enrolment or ability to resume research, study or auditing of a program or unit under Section 9;
- has lodged an appeal under Section 11; and
- demonstrates to the satisfaction of the Vice-Chancellor that:
- 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
- the person does not constitute a risk to the University, themself or any other person
the Vice-Chancellor may approve that the person be permitted to be admitted, enrol, re-enrol or resume their 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:
- has been denied access under Section 4;
- has lodged an appeal under Section 11; and
- demonstrates to the satisfaction of the Vice-Chancellor that:
- the denial of access would cause real hardship to the person concerned; and
- the person does not constitute a risk to the University, themself 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.
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:
- 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;
- a person with knowledge of the academic discipline in which the appellant seeks admission or is or has been enrolled;
- the Deputy Vice-Chancellor (Administration and Resources) or nominee;
- one member of academic staff appointed by the Provost or nominee.
13.3 A Medical Appeals Panel will not include:
- the Deputy Vice-Chancellor (Students, Learning and Teaching);
- an Associate Vice-Chancellor or Campus Dean who has been involved in consideration of the matter at an earlier stage under this Policy;
- the Executive Dean of the Faculty or Head of the School, or equivalentresponsible 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;
- the Director or other senior officer responsible for any organisational unit providing services of the type to which the appeal relates;
- a person who has treated the appellant for the health condition in question;
- 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.
14.1 A Medical Appeals Panel will:
- be convened and conduct such investigations as it deems appropriate as expeditiously as possible, consistent with the need to act fairly;
- proceed in accordance with the rules of natural justice;
- 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;
- not fewer than five 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;
- at its discretion, permit the appellant to seek, in writing, additional time of no more than five working days to prepare their submission to the Panel;
- consult such other persons or inform itself on any matter in relation to an appeal in any manner it thinks fit;
- not be bound by the laws of evidence.
14.2 At a hearing before the Medical Appeals Panel, an appellant may:
- appear in person;
- 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:
- a member of the Panel;
- the appellant or a support person nominated by the appellant;
- the Secretary to the Panel;
- a person giving evidence before the Panel; or
- 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 them.
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.
At the hearing of an appeal before the Medical Appeals Panel, an appellant may:
- appear in person;
- be accompanied by a support person;
- make oral statements or submit an additional written statement;
- 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.
16.1 The Medical Appeals Panel may:
- 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
- vary the decision; or
- set aside the decision and make a fresh decision in substitution for the decision set aside; or
- set aside the decision; and/or
- 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:
- the process undertaken to consider the appeal;
- the decision of the Medical Appeals Panel;
- the reason(s) for that decision;
- 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;
- 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:
- whether any existing enrolment is terminated or suspended;
- 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;
- 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.
PART C - Miscellaneous
When exercising powers under this Policy, the Vice-Chancellor, the Provost or 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, Workplace Health and Safety legislation, Workplace Relations legislation and relevant judicial decisions, including decisions of the Human Rights and Equal Opportunity Commission.
18.1 If proceedings have been brought against a student under the Student Conduct and Discipline Policy and it appears that the student may have a serious health condition, the Provost or a Deputy Vice-Chancellor may:
- suspend further proceedings under Student Conduct and Discipline Policy and deal with the matter in accordance with this Policy; or
- allow the matter to continue to be dealt with under Student Conduct and Discipline Policy.
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 their enrolment is refused, terminated or suspended, the Deputy Vice-Chancellor may permanently stay the proceedings under the Student Conduct and Discipline Policy 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 Provost or a Deputy Vice-Chancellor may reinstate the proceedings under the Student Conduct and Discipline Policy.
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 the Student Conduct and Discipline Policy, the Provost or a Deputy Vice-Chancellor or the Medical Appeals Panel may refer the student’s conduct to the Designated Officer for consideration under the Student Conduct and Discipline Policy.
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.
22.1 The Vice-Chancellor may delegate, in writing, to their 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 The Provost or a Deputy Vice-Chancellor may delegate, in writing, to their nominee the exercise of the Provosts's or Deputy Vice-Chancellor’s powers and the performance of the Provost's or 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 their 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, Provost, 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 Provost or relevant Deputy Vice-Chancellor, Associate Vice-Chancellor or Campus Dean.
The provisions of the Academic Regulations regarding formal communications with students will apply to communications issued under this Policy.
The Vice-Chancellor may, at their discretion, extend any time within which an applicant or student is required to take action, as set out in this Policy.
25.1 The Provost or 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 Provost or 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 Provost or 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.
1 Includes a general practitioner, registered psychologist, psychiatrist or other registered specialist.
Page last updated: 2017-10-24
Short url: https://handbook.acu.edu.au/1281308
Page last updated: 2017-10-24
Short url: https://handbook.acu.edu.au/1281308