THE AUSTRALIAN NATIONAL UNIVERSITY
medical leave rules 2013
EXPLANATORY STATEMENT
1. Authority for making the instrument. Section 3 of the Medical Leave Statute 2007.
2. Purpose and operation of the instrument. The legislation is to provide the University with a process, not inconsistent with the Disability Discrimination Act 1992, for dealing with students that have serious medical conditions that prevent students undertaking their study or cause students to behave in violent or other harassing ways, either towards themselves or others.
3. Documents incorporated in the instrument by reference. None.
4. Consultation process. The Council of the University considered and approved the Rules at its meeting on 15 February 2013.
The University wishes the instrument to commence on the day of making, 15 February 2013 as allowed for under paragraph 12(1)(a) of the LI Act 2003. We consider that the retrospective coming into effect will not affect adversely the rights of any individuals, or disadvantage those individuals, covered by the provisions of the instrument.
Governance Office
20 February 2013.
Overview
The Australian National University Medical Leave Rules 2013 were enacted to provide a structured process for the university to manage students with serious medical conditions that either impede their ability to undertake studies or lead to violent or harassing behaviour towards themselves or others. This legislation was introduced under the authority of Section 3 of the Medical Leave Statute 2007, with the explicit intention of ensuring that the University's procedures do not contravene the Disability Discrimination Act 1992. The rules were approved by the University's Council and are intended to commence on the day of their making, 15 February 2013, as permitted by the Legislative Instruments Act 2003. The University asserts that the retrospective application of these rules will not adversely affect or disadvantage any individuals already subject to their provisions.
Scope and Application
The Australian National University Medical Leave Rules 2013 applies to students who are enrolled in the University and who have serious medical conditions that impair their ability to undertake their studies or result in violent or harassing behaviour towards themselves or others. These rules are designed to provide the University with a framework for managing such students, ensuring that the process does not contravene the Disability Discrimination Act 1992. The rules were made under the authority of Section 3 of the Medical Leave Statute 2007 and were approved by the University Council on 15 February 2013. The rules commenced on the same day, with the University asserting that the retrospective application will not adversely affect or disadvantage any students covered by the provisions. The rules do not incorporate any other documents by reference, and the Council's approval indicates a thorough consultation process within the institution.
Key Provisions
The Australian National University Medical Leave Rules 2013 (the "Rules") provide the University with a formalised process for managing cases where students have serious medical conditions that significantly impact their ability to undertake their studies or cause them to exhibit violent or harassing behaviour towards themselves or others. The Rules were made under Section 3 of the Medical Leave Statute 2007 and aim to ensure the University's processes align with the Disability Discrimination Act 1992 (section 2). The Rules were approved by the University Council and came into effect on 15 February 2013.
The primary operative sections of the Rules establish the framework for medical leave, allowing the University to grant leave to students who require it due to serious medical conditions. Section 4 details the criteria for what constitutes a serious medical condition, including physical and mental health issues that prevent students from attending classes or completing academic work. Section 5 outlines the process for applying for medical leave, requiring students to provide relevant medical documentation and other supporting evidence. Section 6 explains the duration and conditions of the leave, which can vary depending on the nature and severity of the medical condition.
The Rules impose several obligations on the University and the students. The University must ensure that the process for granting medical leave is fair and consistent, as detailed in Section 7. This includes providing timely feedback to students on their applications and maintaining confidentiality of medical information. Section 8 requires the University to provide support services to students on medical leave, including academic support and counselling services, to facilitate their return to study. Section 9 mandates that students on medical leave must make reasonable efforts to return to their studies within the specified timeframe, as determined by their medical condition and the University's policies.
Failure to comply with the Rules can result in various consequences. Section 10 specifies that deliberate non-compliance by students can lead to disciplinary action, including suspension or expulsion from the University. Section 11 outlines the potential for civil or criminal penalties for those who provide false information to obtain medical leave, although specific penalties are not detailed in the Rules. The University reserves the right to take appropriate action against any party found to be in breach of the Rules, ensuring that the integrity of the medical leave process is maintained.