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Medical Leave Rules 2013

FRLI: F2013L00269

Portfolio: Tertiary Education, Skills, Science and Research

Summary of committee view

1.1        The committee seeks information on whether these rules are compatible with human rights.

Overview

1.2        These rules provide the Australian National University (ANU) with a process for dealing with students that have serious health conditions that prevent students undertaking their study or cause students to behave in violent or other harassing ways, either towards themselves or others.

Compatibility with human rights

1.3        A statement of compatibility was not provided for this instrument. A statement was not required as these rules are not defined as a disallowable legislative instrument within the meaning of section 42 of the Legislative Instruments Act 2003.[1] The committee's scrutiny mandate, however, is not limited to the section 42 definition and extends to all legislative instruments.[2]

1.4        The rules provide for a range of procedures and powers for dealing with students who are considered to have a serious health condition.[3] These include:

• making any enquiries that the Registrar sees fit, including obtaining information from other staff and students;[4]
• requesting the student to undergo a medical examination (at the expense of the University) by a person or persons nominated by the Registrar[5] and the ability to draw adverse conclusions about the student’s condition if they do not comply with the request;[6]
• terminating or suspending the student’s enrolment;[7] and
• denying the student access to the University’s facilities, premises, or activities.[8]

A student who is subject to a ‘serious health condition’ determination will have a right of appeal to a Medical Appeals Panel appointed by the Vice-Chancellor.[9] A decision of the Medical Appeals Panel is to be final.[10]

1.5        These are broad-ranging powers which are likely to engage a range of human rights, including the rights to education and healt in the International Covenant on Economic, Social and Cultural Rights (ICESCR), the right to privacy in article 17 of the International Covenant on Civil and Political Rights (ICCPR), the right to a fair hearing in article 14(1) of the ICCPR, the right to freedom of movement in article 12 of the ICCPR and similar rights under the Convention on the Rights of Persons with Disabilities.

1.6                 The committee intends to write to the Minister for Tertiary Education, Skills, Science and Research to seek clarification as to whether the powers and procedures set out in these rules are compatible with human rights, in particular the rights to education, privacy,  a fair hearing and freedom of movement.

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