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Public Sector Act 2022
sec.106Medical examination report
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### sec.106 Medical examination report
The report on the medical examination must include the examining doctor’s opinion as to whether the employee has a mental or physical illness or disability that may adversely affect the employee’s performance.
If the doctor considers the employee has an illness or disability mentioned in subsection (1) , the report must also include the doctor’s opinion as to the following—
the likely direct or indirect effect of the illness or disability on the employee’s performance;
an estimate of how long the illness or disability or its effects are likely to last;
whether or not disclosing the information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing.
If the doctor’s opinion is that the disclosure will not be prejudicial to the employee’s mental or physical health or wellbeing, the chief executive must give the employee a copy of the report as soon as practicable after receiving the report.
If the doctor’s opinion is that the disclosure might be prejudicial to the employee’s mental or physical health or wellbeing, the chief executive must not disclose the contents of the report to the employee.
However, if asked by the employee in writing, the chief executive must make the disclosure to another doctor nominated by the employee in the request.
(sec.106-ssec.1) The report on the medical examination must include the examining doctor’s opinion as to whether the employee has a mental or physical illness or disability that may adversely affect the employee’s performance.
(sec.106-ssec.2) If the doctor considers the employee has an illness or disability mentioned in subsection (1) , the report must also include the doctor’s opinion as to the following— the likely direct or indirect effect of the illness or disability on the employee’s performance; an estimate of how long the illness or disability or its effects are likely to last; whether or not disclosing the information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing.
(sec.106-ssec.3) If the doctor’s opinion is that the disclosure will not be prejudicial to the employee’s mental or physical health or wellbeing, the chief executive must give the employee a copy of the report as soon as practicable after receiving the report.
(sec.106-ssec.4) If the doctor’s opinion is that the disclosure might be prejudicial to the employee’s mental or physical health or wellbeing, the chief executive must not disclose the contents of the report to the employee.
(sec.106-ssec.5) However, if asked by the employee in writing, the chief executive must make the disclosure to another doctor nominated by the employee in the request.
- (a) the likely direct or indirect effect of the illness or disability on the employee’s performance;
- (b) an estimate of how long the illness or disability or its effects are likely to last;
- (c) whether or not disclosing the information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing.