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

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

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

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

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

                (e)    may be affecting the employee's standard of conduct.

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, by written notice, direct the APS employee to:

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

               (b)    give the Agency Head a medical 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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