Government Sector Employment (Health Service Senior Executives) Rules 2016
22Fitness for duty
Start here
Get a plain-English read of 22
Turn the raw legal text into a practical explanation grounded in Government Sector Employment (Health Service Senior Executives) Rules 2016.
22 Fitness for duty
22 Fitness for duty
(cf cl 15 GSE Reg 2014)
(1) For the purposes of this rule, a Health executive is not fit for duty if the health of the executive:
(a) may render the executive a risk to the health and safety of other persons employed in the NSW Health Service or the general public, or
(b) is likely to be seriously affected by the executive remaining on duty or, if the executive is absent from duty, by the executive resuming duty.
(2) If the employer of a Health executive has reason to believe that the executive is not fit for duty, the employer may direct the executive to submit to such medical examination or other health assessment as the employer may, on the advice of a nominated medical assessor, consider necessary.
(3) If the employer of a Health executive gives the executive a direction under subrule (2), the executive:
(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 executive is fit for duty.
(4) If the employer of a Health executive receives a health assessment from a nominated medical assessor that the executive is fit for duty and the executive is absent from duty, the employer is to direct in writing that the executive must resume duty.
(5) If the employer of a Health executive receives a health assessment from a nominated medical assessor that the executive is not fit for duty:
(a) the employer is to direct in writing that the executive must cease duty immediately or, if absent from duty, must not resume duty, and
(b) the executive must not resume duty unless the employer, on the advice of a nominated medical assessor, approves the resumption of duty in writing.
(6) If a direction has been given to a Health executive under subrule (4) or (5), the nature of the leave, if any, to be granted to the executive during the absence from duty is to be determined by the employer after consideration of any relevant advice of the nominated medical assessor.