Commonwealth Consolidated Regulations

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PUBLIC SERVICE REGULATIONS 1999 - REG 3.2

Direction to attend medical examination (Act s 20)

             (1)  This regulation applies if:

                     (a)  an Agency Head believes that the state of health of an APS employee in the Agency:

                              (i)  may be affecting the employee's work performance; or

                             (ii)  has caused, or may cause, the employee to have an extended absence from work; or

                            (iii)  may be a danger to the employee; or

                            (iv)  has caused, or may cause, the employee to be a danger to other employees or members of the public; or

                             (v)  may be affecting the employee's standard of conduct; or

                     (b)  an APS employee is to be assigned new duties and the Agency Head believes the employee's state of health may affect the employee's ability to undertake the duties; or

                     (c)  an APS employee is to travel overseas as part of the APS employee's employment.

Note:          Examples of absences that could be treated as extended absences are:

(a)    an absence from work of at least 4 continuous weeks; and

(b)    a combined total of absences from work, within a 13 week period, whether based on a single or separate illness or injury, of at least 4 weeks.

                   The examples are consistent with the former Public Service Regulations 1935 .

             (2)  The Agency Head may, in writing, direct the APS employee to do either or both of the following within a specified period:

                     (a)  undergo an examination by a nominated medical practitioner for an assessment of the employee's fitness for duty;

                     (b)  give the Agency Head a report of the examination.

          (2A)  The nominated medical practitioner may give the Agency Head a report of the examination.

             (3)  In this regulation:

"nominated medical practitioner" has the meaning given by subregulation 3.1(3).

Note:          The Privacy Act 1988 has rules about keeping records of personal information.



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