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.
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.
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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