Medical Leave Rules 2013 (Cth)

THE AUSTRALIAN NATIONAL UNIVERSITY

Medical Leave Statute 2007

MEDICAL LEAVE RULES 2013

The Council of The Australian National University makes the following Rules under section 3 of the Medical Leave Statute 2007.

Dated: 15 February 2013.

Professor the Hon Gareth Evans AC QC FASSA Chancellor

TABLE OF CONTENTS

PART I: PRELIMINARY

1 Name of Rules and commencement

2 Interpretation

3 Reporting serious health condition

4 Registrar's enquiries

5 Decision of Registrar

6 Denial of access

PART 2: MEDICAL APPEALS PANEL

7 Appeal of decision

8 Medical Appeals Panel

9 Procedure at hearing of appeal

10 Appellant's rights on appeal

11 Decision by Medical Appeals Panel

12 Non-appearance before Appeals Panel

13 Decision final

PART 3: MISCELLANEOUS

14 Application of Disability Discrimination Act

15 Discipline Rules and serious health conditions

16 Effect of cancellation of enrolment and medical leave

17 Confidentiality of private information to be maintained

18 Breach of conditions

19 Delegation by Vice-Chancellor or Registrar

20 Notices

21 Extension of time

22 Repeal

Medical Leave Rules 2013

PART I: PRELIMINARY

1 Name of Rules and commencement

1.1 These Rules are the Medical Leave Rules 2013.

1.2 These Rules commence on 15 February 2013.

2 Interpretation

2.1 In these Rules, unless the contrary intention appears: applicant means any person who is seeking enrolment in, or to audit, a program in, or a course offered by, the University; Medical Appeals Panel means the persons appointed by the Vice-Chancellor under rule 8; medical examination includes an examination by a medical, psychological or allied health practitioner; medical leave means leave of absence from the University taken by a student under subrule 4.10, or imposed by the Registrar under subrule 5.1 or the Medical Appeals Panel under subrule 11.1 on a student who has a serious health condition; notifiable disease means a health condition notifiable under the Public Health Act 1997 (ACT) or any similar legislation; Registrar, in relation to a function or matter, means the Registrar with portfolio responsibility for the function or matter concerned or a nominee of the Registrar appointed under rule 19; serious health condition includes: (a) a medical condition, including any notifiable disease that makes the person unfit to attend the University or to pursue or study a program or course, that: (i) is likely to physically endanger the person or any other person; or (ii) causes or results in behaviour that might cause the person to harass to a significant extent any member of the University; or (iii) causes or results in behaviour that might cause severe emotional disturbance to any member of the University; or (iv) causes or results in behaviour that might cause the person to disrupt the provision of academic or general services to any member of the University; or (v) is of such a nature that would prevent the person from successfully completing a program or course that the person is applying for or in which the person is currently enrolled; or (b) a disability that, because of the requirements of a relevant program or course, is likely to physically endanger the person or any other person; or (c) an illness or psychiatric condition that causes or results in behaviour that might cause: (i) the person to harass to a significant extent any member of the University; or (ii) severe emotional disturbance to any member of the University; or (iii) the person to disrupt the provision of academic or general services to any member of the University; staff means any person employed by the University at any time under a contract of employment; student means any person who is a candidate for an award or who is or was enrolled in a program or a course offered by the University, or who is or was given permission by the University to audit such a course or program; Students' Association means the Australian National University Students' Association Inc. or the Australian National University Postgraduate and Research Students' Association Inc.; Vice-Chancellor includes a nominee of the Vice-Chancellor appointed under rule 19.