Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:47
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 47
Character Range: 76840–78867

47  Direction to attend medical examination
 (1) This section applies if:
 (a) a Secretary believes that the state of health of a Parliamentary Service employee in the relevant Department:
 (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) a Parliamentary Service employee is to be assigned new duties and the Secretary of the Department in which the employee is employed believes the employee's state of health may affect the employee's ability to undertake the duties; or
 (c) a Parliamentary Service employee is to travel overseas as part of the 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 21(2) of the Act, the Secretary of the Department in which the employee is employed may:
 (a) by written notice, direct the employee to undergo an examination, within the period specified in the notice, by a medical practitioner nominated by the Secretary 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 employee to give the Secretary 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 a Secretary to give any other lawful and reasonable direction.
 (5) The nominated medical practitioner may give the Secretary a report of the examination.