45Medical examination and report

45 Medical examination and report (1) This section applies if the Chief Executive Officer suspects, on reasonable grounds, that inability or performance grounds for an employee are caused or contributed to by a physical or mental illness or disability of the employee. (2) The Chief Executive Officer may engage a health practitioner, approved by the Commissioner, to determine whether the employee has a physical or mental illness or disability that may adversely affect the employee's performance of the duties he or she is assigned to perform. (3) The employee must submit to examination by the health practitioner as directed by the Chief Executive Officer, and to any subsequent examinations or tests required by the health practitioner. (4) The health practitioner must give a written report about the employee to the Chief Executive Officer. (5) The report must set out the health practitioner's opinion as to the (a) whether the employee has a physical or mental illness or disability that may adversely affect the employee's performance of those duties;

Public Sector Employment and Management Act 1993 34 (b) if so: (i) the likely direct or indirect effect of the illness or disability on the employee's performance of those duties; and (ii) how long the illness or disability or its effects are likely to last; (c) whether disclosure of the information in the report to the employee by the Chief Executive Officer might be prejudicial to the employee's health or wellbeing. (6) Subject to subsection (7), the Chief Executive Officer must give a copy of the report to the employee as soon as practicable after the Chief Executive Officer receives it. (7) If the health practitioner's opinion under subsection (5)(c) is that disclosure might be prejudicial to the employee's health or wellbeing, the Chief Executive Officer: (a) must not disclose the information in the report to the employee; but (b) if asked by the employee to do so, must give a copy of the report to another health practitioner nominated by the