New South Wales Consolidated Regulations

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GOVERNMENT SECTOR EMPLOYMENT REGULATION 2014 - REG 15

Fitness for duty

15 Fitness for duty

(1) For the purposes of this clause, a Public Service employee is not fit for duty if the health of the employee:
(a) may render the employee a risk to the health and safety of other Public Service employees or the general public, or
(b) is likely to be seriously affected by the employee remaining on duty or, if the employee is absent from duty, by the employee resuming duty.
(2) If the agency head has reason to believe that a Public Service employee is not fit for duty, the agency head may direct the employee to submit to such medical examination or other health assessment as the agency head may, on the advice of a nominated medical assessor, consider necessary.
(3) A Public Service employee to whom an agency head gives a direction under subclause (2):
(a) must, if on duty, cease duty immediately, and
(b) must not resume duty until the completion of the medical examination or other health assessment concerned unless the concurrence of a nominated medical assessor is first obtained or a certificate is furnished by a medical practitioner that the employee is fit for duty.
(4) If the agency head receives a health assessment from a nominated medical assessor that a Public Service employee is fit for duty and the employee is absent from duty, the agency head is to direct in writing that the employee must resume duty.
(5) If the agency head receives a health assessment from a nominated medical assessor that a Public Service employee is not fit for duty:
(a) the agency head is to direct in writing that the employee must cease duty immediately or, if absent from duty, must not resume duty, and
(b) the employee must not resume duty unless the agency head, on the advice of a nominated medical assessor, approves the resumption of duty in writing.
(6) If a direction has been given to a Public Service employee under subclause (4) or (5), the nature of the leave, if any, to be granted to the employee during the absence from duty is to be determined by the agency head after consideration of any relevant advice of the nominated medical assessor.
(7) The agency head is to give the health care professional providing a health assessment of a Public Service employee under this clause any requested information about the employment of the employee that is reasonably required for the purpose of providing the assessment.
(8) In this clause:

"nominated medical assessor" means a person or body, or a person who is a member of a class of persons, nominated by the Public Service Commissioner for the purposes of this clause.



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