sec.8.3Unfitness for duty on medical grounds

### sec.8.3 Unfitness for duty on medical grounds If the commissioner suspects on reasonable grounds that an officer— by reason of physical or mental infirmity is incapable of; or for any other reason pertaining to the officer’s health or condition, is unfit for the purpose of; performing the duties of office, or any other duties as an officer that the commissioner might reasonably direct the officer to perform, the commissioner is to advise the officer, in writing, of the suspicion and if upon receipt of such advice the officer does not accept the truth of the commissioner’s suspicion, the commissioner is to obtain medical opinion on the matter. For the purposes of subsection (1) , the commissioner— may nominate any medical practitioner or medical practitioners to examine the officer concerned and report to the commissioner on the physical or mental health or other relevant condition of the officer, as the case may require; and may direct the officer concerned to submit to examination by the nominated medical practitioner or medical practitioners. If the officer concerned fails without reasonable cause to comply in all respects with a direction given by the commissioner, it is to be conclusively presumed that the commissioner’s suspicion is true. If, having regard to any medical opinions expressed by medical practitioners (including any such opinions furnished by the officer) on the health or condition of the officer concerned, or because of the presumption prescribed by subsection (2A) , the prescribed authority is satisfied that the officer should not continue to be required to perform the duties of office, then, unless the commissioner takes action authorised by subsection (5) , the prescribed authority may call upon the officer to retire from the service within a time specified by the prescribed authority. If the officer called upon to retire does not retire within the time specified, the prescribed authority may dismiss the officer from the service. If the commissioner believes the officer referred to in subsection (3) is sufficiently fit to perform duties as a staff member, then in lieu of the action authorised by subsections (3) and (4) and without limiting the commissioner’s powers in relation to the officer, the commissioner may— in writing, appoint the officer to a position as a staff member, at a rate of salary not less than that of the officer immediately before such appointment; and direct the officer to report for and perform duty in the position to which the officer is so appointed. The person appointed to a position under subsection (5) — stops being an officer and is relieved of all powers and duties of a constable at common law or under any Act or law; and becomes a public service employee under the Public Sector Act 2022 . In subsections (3) and (4) — prescribed authority means— the Governor in Council, in respect of an officer appointed to office by the Governor in Council; the commissioner, in respect of an officer appointed to office by the commissioner. s 8.3 amd 1993 No. 77 s 2 sch 1 ; 2014 No. 17 s 140 ; 2016 No. 43 s 23 ; 2021 No. 12 s 190 ; 2022 No. 34 s 365 sch 3 (amdt 9 could not be given effect); 2023 No. 7 s 38 ; 2024 No. 18 s 39 sch 1 (sec.8.3-ssec.1) If the commissioner suspects on reasonable grounds that an officer— by reason of physical or mental infirmity is incapable of; or for any other reason pertaining to the officer’s health or condition, is unfit for the purpose of; performing the duties of office, or any other duties as an officer that the commissioner might reasonably direct the officer to perform, the commissioner is to advise the officer, in writing, of the suspicion and if upon receipt of such advice the officer does not accept the truth of the commissioner’s suspicion, the commissioner is to obtain medical opinion on the matter. (sec.8.3-ssec.2) For the purposes of subsection (1) , the commissioner— may nominate any medical practitioner or medical practitioners to examine the officer concerned and report to the commissioner on the physical or mental health or other relevant condition of the officer, as the case may require; and may direct the officer concerned to submit to examination by the nominated medical practitioner or medical practitioners. (sec.8.3-ssec.2A) If the officer concerned fails without reasonable cause to comply in all respects with a direction given by the commissioner, it is to be conclusively presumed that the commissioner’s suspicion is true. (sec.8.3-ssec.3) If, having regard to any medical opinions expressed by medical practitioners (including any such opinions furnished by the officer) on the health or condition of the officer concerned, or because of the presumption prescribed by subsection (2A) , the prescribed authority is satisfied that the officer should not continue to be required to perform the duties of office, then, unless the commissioner takes action authorised by subsection (5) , the prescribed authority may call upon the officer to retire from the service within a time specified by the prescribed authority. (sec.8.3-ssec.4) If the officer called upon to retire does not retire within the time specified, the prescribed authority may dismiss the officer from the service. (sec.8.3-ssec.5) If the commissioner believes the officer referred to in subsection (3) is sufficiently fit to perform duties as a staff member, then in lieu of the action authorised by subsections (3) and (4) and without limiting the commissioner’s powers in relation to the officer, the commissioner may— in writing, appoint the officer to a position as a staff member, at a rate of salary not less than that of the officer immediately before such appointment; and direct the officer to report for and perform duty in the position to which the officer is so appointed. (sec.8.3-ssec.6) The person appointed to a position under subsection (5) — stops being an officer and is relieved of all powers and duties of a constable at common law or under any Act or law; and becomes a public service employee under the Public Sector Act 2022 . (sec.8.3-ssec.7) In subsections (3) and (4) — prescribed authority means— the Governor in Council, in respect of an officer appointed to office by the Governor in Council; the commissioner, in respect of an officer appointed to office by the commissioner. - (a) by reason of physical or mental infirmity is incapable of; or - (b) for any other reason pertaining to the officer’s health or condition, is unfit for the purpose of; - (a) may nominate any medical practitioner or medical practitioners to examine the officer concerned and report to the commissioner on the physical or mental health or other relevant condition of the officer, as the case may require; and - (b) may direct the officer concerned to submit to examination by the nominated medical practitioner or medical practitioners. - (a) in writing, appoint the officer to a position as a staff member, at a rate of salary not less than that of the officer immediately before such appointment; and - (b) direct the officer to report for and perform duty in the position to which the officer is so appointed. - (a) stops being an officer and is relieved of all powers and duties of a constable at common law or under any Act or law; and - (b) becomes a public service employee under the Public Sector Act 2022 . - (a) the Governor in Council, in respect of an officer appointed to office by the Governor in Council; - (b) the commissioner, in respect of an officer appointed to office by the commissioner.