Document ID: chunk:federal_register_of_legislation:F2021L00996:reg:38:p1
Version: federal_register_of_legislation:F2021L00996
Segment Type: reg
Provision Reference: reg 38 (pt 1/2)
Character Range: 37569–40302

38      Program leave of absence

(1)    The Delegated Authority may, on the written application of a student enrolled in a program for a research award and in writing, grant the student leave of absence from the program.

(2)    In deciding the application, the Delegated Authority must not:

(a)    grant leave of absence to the student for less than 1 unit (which is equivalent to leave of absence for 1 week for a full-time student or 2 weeks for a part-time student); or

(b)    without the Associate Dean's written approval, grant a single leave of absence to the student for more than:

(i)    for a full-time student—48 units (which is equivalent to leave of absence on a full-time basis for 48 weeks); and

(ii)    for a part-time student—24 units (which is equivalent to leave of absence on a part-time basis for 48 weeks); or

(c)    without the Associate Dean's written approval, grant leave of absence to the student if the total of the period of the leave of absence and all periods of leave of absence previously granted to the student in relation to the program would exceed:

(i)    for a full-time student—96 units (which is equivalent to leave of absence on a full-time basis for 2 years); and

(ii)    for a part-time student—48 units (which is equivalent to leave of absence on a part-time basis for 2 years).

(3)    The Associate Dean may grant an approval under subsection (2)(b) or (c) only in exceptional circumstances.

(4)    If the student applies under subsection (1) for leave of absence from the program, the Delegated Authority must:

(a)    decide the application, after seeking any necessary approval from the Associate Dean; and

(b)    tell the student in writing whether the leave of absence has been granted.
[Note: A decision by the Delegated Authority not to grant a period of leave of absence (other than a decision made because of a decision by the Associate Dean not to grant an approval) is reviewable under Division 7.1 (Reviews of reviewable decisions).]

(5)    If the Delegated Authority decides not grant the leave of absence, the Delegated Authority must also give the student a statement of reasons for the decision.

(6)    If the Associate Dean decides not grant an approval necessary for the application, the Delegated Authority must, in addition, give the student:

(a)    a statement of the Associate Dean's reasons for the decision; and

(b)    a statement to the effect that, subject to this instrument, the student may appeal against the Associate Dean's decision; and

(c)    a statement setting out the procedure for making an appeal.

(7)    Subject to the outcome of any appeal under Division 7.2 (Appeals against appealable decisions), a decision by the Associate Dean