37Fitness for duty

37 Fitness for duty

37 Fitness for duty

(cf cl 15 GSE Reg 2014)

(1) For the purposes of this rule, an administrative employee is not fit for duty if the health of the employee:

(a) may render the employee a risk to the health and safety of other members of the NSW Police Force or the general public, or

(b) is likely to be seriously affected by the employee remaining on duty or, if the employee is absent from duty, by the employee resuming duty.

(2) If the Commissioner has reason to believe that an administrative employee is not fit for duty, the Commissioner may direct the employee to submit to such medical examination or other health assessment as the Commissioner may consider necessary.

(3) If the Commissioner gives an administrative employee a direction under subrule (2), the employee:

(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 employee is fit for duty.

(4) If the Commissioner receives a health assessment from a nominated medical assessor that an administrative employee is fit for duty and the employee is absent from duty, the Commissioner is to direct in writing that the employee must resume duty.

(5) If the Commissioner receives a health assessment from a nominated medical assessor that an administrative employee is not fit for duty:

(a) the Commissioner is to direct in writing that the employee must cease duty immediately or, if absent from duty, must not resume duty, and

(b) the employee must not resume duty unless the Commissioner, on the advice of a nominated medical assessor, approves the resumption of duty in writing.

(6) If a direction has been given to an administrative employee under subrule (4) or (5), the nature of the leave, if any, to be granted to the employee during the absence from duty is to be determined by the Commissioner after consideration of any relevant advice of the nominated medical assessor.

(7) The Commissioner is to give the health care professional providing a health assessment of an administrative employee under this rule any requested information about the employment of the employee that is reasonably required for the purpose of providing the assessment.