3.1Condition of engagement—health clearance (Act s 20)

3.1 Condition of engagement—health clearance (Act s 20)

(1) This regulation applies to an APS employee whose engagement in an Agency is subject, under paragraph 22(6)(e) of the Act, to a condition dealing with health clearances. (2) While the engagement is subject to the condition: (a) the Agency Head may, in writing, direct the employee to do either or both of the following within a specified period: (i) undergo an examination by a nominated medical practitioner for an assessment of the employee’s fitness for duty; (ii) give the Agency Head a report of the examination; and (b) the nominated medical practitioner may give the Agency Head a report of the examination. (3) In this regulation:

nominated medical practitioner means a person who is:

(a) registered, or licensed, as a health practitioner under a law of a State or Territory that provides for the registration or licensing of health practitioners; and
(b) nominated by an Agency Head to assess the fitness for duty of an APS employee in the Agency.

Note 1: The Privacy Act 1988 has rules about keeping records of personal information.

Note 2: Arrangements will be made in Agencies to ensure that employees know the period in which an engagement is subject to a condition dealing with health clearances.