Document ID: chunk:federal_register_of_legislation:F2025C00160:front:0:p169
Version: federal_register_of_legislation:F2025C00160
Segment Type: other
Provision Reference: 
Character Range: 823840–829427

Defence member may provide written consent for health information to be released to specific individuals in their chain of command.
    Note 3: If the member's consent is not provided, then information can only be disclosed in accordance with the exemptions to the Privacy Act 1988.

5.3.6 Refusal to grant a medical absence

1.  If a health professional has recommended that a member is unfit for duty, the supervisor may only refuse to grant the member a medical absence for the period of unfitness in either of the following circumstances.
    a.                                                                                                                                                                                                                     There are alternate duties available that a health professional has confirmed that the member is fit to perform.
    b.                                                                                                                                                                                                                     There are no alternate duties that the member is fit to perform and the supervisor has performed a written risk assessment setting out how the risks related to the member's attending for duty can be eliminated or minimised, having regard to all of the following.
    i.                                                                                                                                                                                                                     The risk to the health of the member.
    ii.                                                                                                                                                                                                                    The risk to any other people.
    iii.                                                                                                                                                                                                                   The risk to operational requirements of the mission for which the member is performing duty.
    iv.                                                                                                                                                                                                                    Any relevant requirement to provide medical or dental treatment to the member.
                                                                                                                                                                                                                           Note:  The risk assessment in paragraph 1.b would require operational imperatives to be weighed against any adverse outcomes to the member or other members resulting from the sick or injured member continuing to work, rather than being placed on medical absence.
2.  A risk assessment made under paragraph 1.b must document all the following matters.
    a.                                                                                                                                                                                                                     The reasons the recommendation for leave was made.
    b.                                                                                                                                                                                                                     Any risks to health and safety that may foreseeably arise if the leave is not granted as recommended.
    c.                                                                                                                                                                                                                     The work-related activities that may involve an increased risk to health and safety in relation to each of subparagraphs 1.b.i to 1.b.iv.
    d.                                                                                                                                                                                                                     Consultation between the supervisor and the health professional who has recommended the member's leave, or with a Defence medical officer.
3.  A copy of a risk assessment made under paragraph 1.b must be provided to the supervisor's Commanding Officer as soon as practicable after it has been made.

5.3.7 Granting a medical absence without an application form

1.  A supervisor may grant a period of leave under section 5.3.4 or section 5.3.5 for a member who has not made a formal application, if both the following conditions are met.
    a.                                                                                                                                                                           The supervisor has regard to any statement from the member, a person who is responsible to care for the member while they are unfit for duty, or a health professional.

                                                                                                                                                                                 Note: An absence of more than 3 days should only be approved with the recommendation of a Defence health professional.
    b.                                                                                                                                                                           The supervisor is