These revised procedures relate to the processing of medical retirements, entitlements to sick leave, the final day of duty, final salary payments and appeal procedures. They are being issued in order to remove ambiguities in earlier guidelines.

These procedures and legislative requirements are based on the principles that:

• an employee must be able to perform the inherent requirements of their position, and an employer must provide adjustment for the employee to undertake their duties, unless providing the adjustment would cause unjustifiable hardship,
• an employer is responsible for ensuring the health, safety and welfare at work for all employees, and
• where the health of an employee prevents them from undertaking the inherent requirements of the position, or where there is a health and safety concern, medical advice should be sought and the employee consulted with a view to determining the most appropriate course of action.

The procedures outline the steps that should be followed by NSW public sector employers in relation to these matters and cover:

• consultations with an employee, and advice from a private medical practitioner or the Government Medical Officer, in relation to which duties can or cannot be performed by an employee,
• factors that an employer should take into account in determining whether an adjustment can be made to the workplace are outlined,
• medical retirement, the last day of service and the appeal and review process, and
• the circumstances where an employee is dismissed on the basis that he/she cannot undertake the inherent requirements of the position.

All areas within your administration, including Government Trading Enterprises, should be encouraged to comply with these procedures. In relation to State Owned Corporations, I consider that the procedures provide a sound approach to dealing with these issues. Accordingly, I would urge shareholding Ministers and boards of State Owned Corporations to also adopt these revised procedures.

Would you please ensure that these procedures are brought to the attention of all departments and other authorities within your portfolio, including Government Trading Enterprises and State Owned Corporations.

Andrew Refshauge MP
Acting Premier

Issued by: Strategic Policy and Reform Division
Contact: Mr G McGrath
Ph: 9228-4381
Date:6 January 1998
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Superseded by M2001-11