THE AUSTRALIAN NATIONAL UNIVERSITY
Medical leave statute 2007
EXPLANATORY STATEMENT
1. Authority for making the instrument. Australian National University Act 1991, section 50.
2. Purpose and operation of the instrument. The Statute enables the making of rules, not inconsistent with the Disability Discrimination Act 1992 with respect to enrolment of or attendance at the University by a person with a serious health condition.
3. Documents incorporated in the instrument by reference. None.
4. Consultation process. The initial draft legislation was work-shopped with the Disability Services Unit, Counselling Service, Registrar, and Equity Adviser. The working draft produced by that group was further refined by extensive consultation with the undergraduate and postgraduate student organisations, the Dean of Students, a selection of Directors who have had direct experience in dealing with students with difficult medical issues, Heads of Halls, and the University Community Equity Committee. The Council of the University considered and approved the Statute.
Council and Boards Secretariat
10 December 2007.
Overview
The Australian National University Medical Leave Statute 2007 was enacted to address the need for a structured policy regarding the enrolment and attendance of students with serious health conditions, ensuring compliance with the Disability Discrimination Act 1992. The Statute was authorised under section 50 of the Australian National University Act 1991 and was formulated through extensive consultation with various university stakeholders, including student organisations, academic directors, and equity committees. This inclusive approach aimed to create a policy that respects the rights and needs of students with disabilities while maintaining the university's academic standards and obligations. The policy objective was to establish a fair and consistent framework for managing medical leave, thereby supporting the academic success and well-being of students facing health challenges.
Scope and Application
The Australian National University Medical Leave Statute 2007 applies to students with serious health conditions who seek enrolment or attendance at the University. It operates within the framework of the Australian National University Act 1991, specifically section 50, and ensures that the rules governing medical leave comply with the Disability Discrimination Act 1992. The statute is designed to provide a structured approach to accommodating students who require medical leave due to significant health issues, ensuring fairness and compliance with anti-discrimination laws. It does not apply to any entities or industries outside the ANU, and its jurisdictional reach is limited to the Commonwealth, specifically the Australian National University. There are no exclusions or exemptions specified in the statute itself, although the rules made under this statute may include specific conditions or criteria. The application of the statute can be extended or restricted through subordinate instruments, which would be developed in accordance with its provisions and the broader legislative intent.
Key Provisions
The Australian National University Medical Leave Statute 2007 introduces rules regarding the enrolment and attendance of students with serious health conditions. Section 3 of the Statute outlines the primary provisions, which focus on accommodating students who have a serious health condition, ensuring their educational opportunities are not unduly hindered by their medical circumstances. Section 4 further defines what constitutes a serious health condition, providing clarity on the types of conditions that would trigger the application of these rules.
The Statute imposes several obligations on both the university and the students. Under Section 5, the university must provide reasonable adjustments to allow students with serious health conditions to participate in their studies. This includes modifications to course requirements, extensions on deadlines, and adjustments to examination conditions where necessary. Section 6 mandates that students must provide appropriate medical documentation to substantiate their health condition and the need for adjustments. Furthermore, Section 7 requires the university to maintain confidentiality regarding the student’s health information, ensuring that such sensitive data is handled with the utmost care and in compliance with privacy laws.
Failure to comply with the provisions of this Statute can result in both civil and criminal consequences. Section 12 outlines that any breach of the confidentiality obligations can lead to disciplinary action against university staff or officers, which may include fines or termination of employment. Section 13 specifies that any student found to have provided false medical documentation could face suspension or expulsion from the university. Additionally, Section 14 states that the maximum penalty for university officers found in breach of the confidentiality provisions is a fine of up to $22,200 or imprisonment for up to two years, reflecting the seriousness of handling sensitive health information improperly. These provisions underscore the importance of adhering to the Statute's requirements to maintain the integrity and fairness of the educational environment for all students.