Document ID: chunk:federal_register_of_legislation:F2024C01082:reg:11
Version: federal_register_of_legislation:F2024C01082
Segment Type: reg
Provision Reference: reg 11
Character Range: 22802–24773

11  Direction to attend medical examination
 (1) This section 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 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.
 (2) For the purposes of subsection 20(2) of the Act, the Agency Head may:
 (a) by written notice, direct the APS employee to undergo an examination, within the period specified in the notice, by a medical practitioner nominated by the Agency Head to assess the employee's fitness for duty; and
 (b) if the employee is given a direction under paragraph (a)—by written notice, direct the APS employee to give the Agency Head a report of the examination within the period specified in the notice.
 (3) A direction may be given under paragraph (2)(b) in the same notice as a direction given under paragraph (2)(a) or in a later notice.
 (4) To avoid doubt, subsection (2) does not limit the authority of an Agency Head to give any other lawful and reasonable direction.
 (5) The nominated medical practitioner may give the Agency Head a report of the examination.
Note: The Privacy Act 1988 has rules about keeping records of personal information.