Div 6Medical examinations

Division 6—Medical examinations 99—Minister's power to direct employer or worker to undergo medical examination (1) The Minister may, by notice in writing served on an employer, direct— (a) the employer; or (b) a worker employed by the employer, to undergo a medical examination to be conducted in accordance with the notice. (2) The notice must specify— (a) the name of the person to be medically examined; and (b) the purpose for which the medical examination is to be carried out; and (c) the nature and content of the medical examination; and (d) the period within which the medical examination is to be carried out. (3) An employer who is served with a notice under subregulation (1) that relates to a worker employed by the employer must— (a) inform the worker that the employer has been served with such a notice; and (b) request the worker to undergo the medical examination; and (c) arrange for the worker to undergo the medical examination; and (d) organise the worker's duties so that the worker is able to undergo the medical examination. (4) If an employer— (a) informs a worker that the employer has been served with a notice under subregulation (1) that relates to that worker; and (b) requests the worker to undergo the medical examination as required by the notice; and (c) arranges for the worker to undergo the medical examination; and (d) organises the worker's duties so that the worker is able to undergo the medical examination, the worker must undergo the medical examination as required by the notice. (5) If an employer is directed by notice under subregulation (1) to undergo a medical examination, the employer must undergo the examination as required by the notice. 100—Duties of health practitioner carrying out medical examinations (1) A health practitioner who carries out a medical examination for the purposes of regulation 99 must conduct the medical examination in accordance with the Minister's notice under that regulation. (2) If a health practitioner carries out a medical examination of— (a) an employer; or (b) a worker, for the purposes of regulation 99, the health practitioner must prepare a report on their findings. (3) If a health practitioner carries out a medical examination of an employer for the purposes of regulation 99, the health practitioner must send a copy of the report to the employer and the Minister within 21 days after carrying out the medical examination. (4) If a health practitioner carries out a medical examination of a worker for the purposes of regulation 99, the health practitioner must send a copy of the report to the worker, the worker's employer and the Minister within 21 days after carrying out the medical examination. 101—Employer to retain and keep confidential reports etc relating to medical examinations (1) If a copy of a report prepared in accordance with this Division is received by an employer, the employer must retain it for as long as the person examined is employed by them. (2) An employer must not disclose the contents of such a report except to— (a) the person examined; or (b) an officer or employee of the Department. (3) A worker who is not the person examined must not disclose the contents of such a report except to— (a) the person examined; or (b) an officer or employee of the Department. 102—Costs of medical examination to be borne by specified employer The cost of a medical examination conducted in accordance with this Division and of any report supplied on the examination must be borne by the employer if— (a) the employer is the person examined; or (b) the person examined is a worker employed by the employer.