Serious Student Health Conditions Procedure

These procedures are governed by the Serious Student Health Conditions Policy.

2.1 Any person or committee handling a serious health concern or an appeal must deal with the matter as expeditiously as possible, consistent with the need to act fairly.

2.2 Any person or committee that exercises any power or carries out any function under the Policy and/or this Procedure must treat the subject matter in confidence, except as necessary for the discharge of the responsibilities of that person or committee or as otherwise required by law.

2.3 At any interview, meeting or hearing, the student may:

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

2.4 A support person appointed by the student:

1. in proceedings before the Health Assessment Committee, may not have a qualification in law, but may make submissions on behalf of a student; or
2. in proceedings before the Health Appeals Committee, may be a person with a qualification in law and 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.

2.5 A Health Assessment Committee or Health Appeals Committee must:

1. proceed in accordance with the rules of natural justice;
2. have access to all documentation on which the decision that the student has a serious health condition is being based and any response or appeal submitted by the student;
3. not fewer than five working days before the day on which any meeting or a hearing is to be conducted, provide the student with copies of any material in existence at that time and on which the Committee may rely; provided that, if the Committee has reasonable grounds for believing that provision of that material may adversely affect the health of the student, the Committee may obtain advice, including medical or other professional advice, on the most appropriate method of making that material available to the student;
4. at its discretion, permit the student to seek, in writing, additional time of no more than five working days to prepare their submission to the Committee;
5. consult such other persons or inform itself on any matter in relation to the matter in any manner it thinks fit; and
6. not be bound by the laws of evidence.

2.6 Unless the Health Assessment Committee or the Health Appeals Committee directs to the contrary, no person may be present at any meeting or hearing of an appeal unless that person is:

1. a member of the Committee;
2. the student or a support person nominated by the student;
3. the Secretary to the Committee;
4. a person giving evidence before the Committee; or
5. a person appointed by the Chief Operating Officer and Deputy Vice-Chancellor  under Section 9.3.

2.7 A Health Assessment Committee or Health Appeals Committee may exercise its discretion to proceed with their review or an appeal:

1. when the student and/or the student’s support person has failed to appear for any meeting or hearing at the time and/or place notified to them; or
2. where the student has failed to provide information, including medical reports, requested by the Committee; or
3. where the student has failed to attend a medical examination in accordance with Section 8.2 or 9.3.2; or
4. otherwise failed to cooperate with the Committee’s requests or proceedings.

2.8 A written record of all investigations and proceedings must be maintained by the responsible officer. Such record will contain a summary of the matters considered or obtained by the responsible officer or committee and the written reasons for the decision.

2.9 The time limits prescribed for the taking of any actions or steps referred to in this procedure may be extended by the decision maker, noting that the Education Services for Overseas Students (ESOS) Act and National Code require notification of the intended action to an international student in writing within 10 working days.

3.1 Any person who has reasonable grounds for believing that a student’s concerning behaviour or exhibited symptoms might be the result of a serious health condition may report their concern to the relevant Campus Dean.

4.1 Upon becoming aware, whether as a result of a report under Section 3 or otherwise, that a student may have a serious health condition, the Campus Dean will advise the Director, Student Support Services that a report of a serious health condition has been received and a preliminary investigation will proceed. The Campus Dean will consider such matters relating to the person’s health condition as they determine appropriate, including:

1. a statement from any of the student’s lecturers, supervisors, tutors or other staff or students who may have information relevant to the matter, provided that the Campus Dean 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;
2. where a student consents, information provided by counsellors or disability advisors;
3. where a student consents to their provision, medical reports related to the student’s health condition; and/or
4. oral and/or written submissions made by the student about their health condition.

4.2 The preliminary investigation must be concluded within five working days of receiving a report of a serious health condition.

4.3 If a Campus Dean has previously been involved in any aspect of the matter under investigation, they may not conduct the preliminary investigation. In such a case the Vice-Chancellor or nominee must appoint another Campus Dean to undertake the preliminary investigation.

4.4 As a result of the preliminary investigation the Campus Dean must make a recommendation to the Director, Student Support Services:

1. that there are insufficient or no reasonable grounds for believing that the student has a serious health condition and that proceedings under this Policy should be discontinued; or
2. that a Health Assessment Committee should be convened to review the matter.

4.5 In the case of a situation of substantial risk requiring denial of access, Campus Dean must refer the matter:

1. to the Vice-Chancellor or nominee for immediate action under Section 6; and
2. to the Director, Student Support Services within one working day.

5.1 Where a preliminary investigation by the Campus Dean has determined the need for a Health Assessment Committee to be convened they must advise the Director, Student Support Services and the student. The Director, Student Support Services must, within five working days of receiving a report of a serious health condition, issue a written notice to the student that:

1. sets out the nature of the assessment as to the student’s health, including the grounds for the assessment that the student has a serious health condition;
2. includes a copy of any substantive material upon which the assessment was made, including all information available to the Health Assessment Committee;
3. outlines the potential consequences of a finding that the student has a serious health condition;
4. provides the student with an opportunity to make a written submission and/or appear before the Committee;
5. allows the student no fewer than five working days in which to respond to the notice in writing or as otherwise set out in the notice; and
6. provides the student with five working days’ notice of the date of any meeting.

5.2 If, on the information available to the Director, Student Support Services at the time of preparing the notice referred to in Section 5.1, the Director, Student Support Services determines that there are reasonable grounds for believing that the student may be adversely affected by receipt of such a notice, they may obtain advice, including medical and/or other professional advice, on the most appropriate method of communicating with the student and/or of conducting any further investigation.

5.3 The Director, Student Support Services may, at their discretion, permit the student to seek, additional time of no more than five working days to prepare their response to the notice.

5.4 If the student has been admitted to hospital at the time of issue of the notice, the Director, Student Support Services may, at their discretion, grant the person such additional time to respond as they determine.

6.1 If, following preliminary investigation under Section 4, the Vice-Chancellor or nominee has reasonable grounds for believing that:

1. the student has a health condition that is likely to be a serious health condition; and
2. denial of access by the student to University premises is reasonably necessary to avert a substantial risk, in order to:
   1. protect the health and safety of the student concerned or any other member of, or visitor to, the University; or
   2. protect or preserve any property located on the University’s premises

the Vice-Chancellor or nominee may, without prior notice, deny the student 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 Vice-Chancellor or nominee may determine.

6.2 The Vice-Chancellor or nominee is not required to afford the student 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.

6.3 Where the Vice-Chancellor or nominee has taken action to deny access under Section 6.1, they must, within 24 hours, provide a written notice to the student:

1. setting out the terms of the decision;
2. setting out in summary form the reason for the decision; and
3. advising the student of the provisions of the Serious Health Conditions Policy and these Procedures.

6.4 Where the Vice-Chancellor or nominee has made a decision to take action under this Section, a Health Assessment Committee must be convened immediately.

6.5 A denial of access under Section 6.1 will remain in place for the period determined by the Vice-Chancellor or nominee, until the Health Assessment Committee has made a decision, or if an appeal is lodged, until varied by the Chief Operating Officer and Deputy Vice-Chancellor  

6.6 Denial of access under Section 6.1 does not cancel the student’s enrolment.

7.1 The student must respond within five working days, or extended period approved by the Director,  Student Support Services under Section 5.4 or 5.5.

7.2 Any response by the student must:

1. unless otherwise indicated in the notice, be in writing;
2. provide the student’s preferred contact details to be used during any investigation regarding their health condition;
3. provide a response to the report and the grounds for the assessment that they may have a serious health condition;
4. include copies of any supporting medical report or evidence on which the student relies.

8.1 The Health Assessment Committee must review the student’s response in conjunction with other information available to the Committee, and to which the student has been provided access under Section 7.

8.2 If the Health Assessment Committee has reasonable grounds for believing that any available medical report does not provide a sufficient basis from which to draw reasonable conclusions regarding the student’s health condition, they may require the student to undergo a medical examination, at the expense of the University, by a medical practitioner nominated by the Committee and may specify the timeframe within which such examination must be undertaken.

8.3 After the Health Assessment Committee has considered all material relevant to the case, including any submission made by the student, the Health Assessment Committee must determine whether that student has a serious health condition.

8.4 The Health Assessment Committee will normally make a decision on the matter within five working days of the Committee’s meeting, or extended due date, if applicable, for response. If the student has sought a meeting, or if the Health Assessment Committee has requested the student 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.

8.5 If at any time before determination of the matter by the Health Assessment Committee or the student voluntarily withdraws from their enrolment in the program, the Director, Student Support Services may terminate their investigation or review.

9.1 Procedure for lodging an appeal

9.1.1 A student who has been notified by the Director, Student Support Services, as Chair of the Health Assessment Committee, that they have been determined to have a serious health condition may appeal to the Chief Operating Officer and Deputy Vice-Chancellor.

9.1.2 The only grounds on which a student may appeal are that:

1. there was failure to comply with procedural fairness and the student has not received a fair hearing;
2. there was a clear error in the decision-making process; or
3. the action taken was inappropriate.

9.1.3 Any such appeal must:

1. be in writing;
2. be received by the Chief Operating Officer and Deputy Vice-Chancellor   within 10 working days after notification of the decision against which the student is appealing;
3. provide the student’s contact details;
4. set out the grounds for the appeal;
5. include copies of any supporting medical report or evidence on which the student relies; and
6. indicate whether the student intends to be accompanied, at any appeals hearing, by a support person with a qualification in law.

9.2 Action by the Chief Operating Officer and Deputy Vice-Chancellor  

9.2.1 Pending the outcome of the appeal the Chief Operating Officer and Deputy Vice-Chancellor     may approve an interim variation that the student be permitted to resume their enrolment in a program or unit, if the student demonstrates to the satisfaction of the Chief Operating Officer and Deputy Vice-Chancellor  that:

1. the denial of access or cancellation of their enrolment in a program or unit would cause real hardship to the student concerned; and
2. the student does not constitute a risk to the University, themselves or any other person

subject to such conditions as the Chief Operating Officer and Deputy Vice-Chancellor  may determine.

9.2.2 The Chief Operating Officer and Deputy Vice-Chancellor  must review the student's appeal and may:

1. if they consider that the appeal criteria set out in Section 9.1.2 are not met, decline to progress the appeal; or
2. following appropriate investigation, uphold the appeal in full; or
3. refer the matter to a Health Appeals Committee with a timeframe of no more than 4 working weeks subject to 9.3.2 to determine the matter.

9.3 Procedures of the Health Appeals Committee

9.3.1 The Deputy Vice-Chancellor (Education and Innovation) may appoint a person with a qualification in law or a member of staff of the University to represent the University at the hearing. The person 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.

9.3.2 Where the student has not been required to undergo a medical examination by the Health Assessment Committee, the Health Appeals Committee may require the appellant to undergo a medical examination, at the expense of the University, by a medical practitioner nominated by the Committee and may specify the timeframe within which such examination must be undertaken.

9.4 Appellant’s rights on appeal

In addition to the student’s rights in Section 2.3, at the hearing of an appeal before the Health Appeals Committee, an appellant may:

1. make oral statements or submit an additional written statement;
2. with the approval of the Committee, call witnesses, provided that the Committee 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.

9.5 Decision by Health Appeals Committee

9.5.1 The Health Appeals Committee may:

1. affirm the decision of the Chief Operating Officer and Deputy Vice-Chancellor or the decision of the Health Assessment Committee under Section 8; 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. recommend to the Chief Operating Officer and Deputy Vice-Chancellor   any other action, not specific to the appellant but arising from consideration of the case, which it deems appropriate.

9.5.2 The decision of the Health Appeals Committee is final and there is no avenue of appeal against the decision to any other person or body within the University.

10.1 The Health Appeals Committee must, within five working days of their decision, advise the student in writing of:

1. the process undertaken;
2. the decision reached;
3. the reason(s) for that decision;
4. whether the student is permitted to resume or continue their enrolment in a program or unit, details of any conditions that must be satisfied by the student, which may include taking medication and/or obeying medical, behavioural or other specified directions;
5. if the student is not permitted to continue or resume their enrolment in a program or unit:
   1. whether any existing enrolment is suspended or cancelled;
   2. the duration of any period of exclusion before which the student will be considered for admission, or resumption of their enrolment in a program or unit;
   3. any conditions to be met by the student before any future application for admission or resumption of enrolment in a program or unit will be considered by the University.

10.2 The decision maker or Committee may obtain advice, including medical and/or other professional advice, on the most appropriate method of communicating any decision to the student.