PUBLIC SERVICE, FAIR WORK PRINCIPLES

In reply to the Hon. R.L. BROKENSHIRE (1 March 2012).

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations): The Minister for the Public Sector has been advised:

Section 56 is an important power and it is inherently sound. It is substantively identical to previous powers to require independent medical examination in the Public Sector Management Act; Government Management and Employment Act and Public Service Act 2009. Furthermore, similar powers exist in other public sector legislative schemes (e.g. the Education Regulations).

As a result of concerns being raised about the use of Section 56, the Commissioner for Public Sector Employment has issued a guideline to inform public sector agencies and assist them in their decision making in relation to this issue.

Where an employee feels aggrieved by a decision to require them to undergo an independent medical examination under section 56, such an employment decision may be reviewed internally by the agency and if necessary, externally reviewed by Public Sector Grievance Review Commission.