Managing the Fitness Assessment Process

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Managing the Fitness Assessment Process

On Wednesday 23rd March, mlcoa QLD hosted an educational event called “Managing the Fitness Assessment Process” presented by Barrister Mr John Dwyer.

Barrister Mr John Dwyer provided framework around the reasoning to “Assess” under Lawful and reasonable direction.

Mr Dwyer educated the group on Source of Authority – What is the source of the employer’s right to request information or request an IME. The answer is multiple sources: common law- Duty- contract- express or implied. Distinction – request for info (RFI) vs IME.

The Starting for source of Authority is the case : Blackadder v Ramsey Butchering services pty ltd [2002] FCA 603; (2002) 118 fcr 395 is often cited by court and commissions. Mr Dwyer spoke about the need to consider general duty of care S 19 (3) of the Work Health and Safety Act 2011:

Mr Dwyer also provided broad education in regards to Statutory Authority and S 175 Public Service Act 2008 ( QLD). Reg 3.2 Public Service Regulations 1999 ( CTH) and express authority to direct to an IME. Mr Dwyer emphasized power must be exercised with regards to broader legislative framework. The cases that pertains to this is are:

  • State of Queensland v Attrill & Anor [2012] QCA 299 –
  • Gleeson V State of Queensland ( DJAG) [2015] QIRC  148

Mr Dwyer also spoke about the meaning of what is deemed “ Reasonable “. Mr Dwyer advised that it depends on the facts of each case, referring to the case Daniel Cole V PQ Australia PTY Ltd T/A PQ Australia  [2016] FWC 1166 as a case example.

Mr Dwyer also referred to potential problem and other considerations such as S351, S352, S789 FC of the Fair Work Act 2009. Mr Dwyer also advised that Reasonable direction depends on the facts and that Resonable also depends on you!

Mr Dwyers presentation was well received by the audience and attendee’s providing a framework of managing the fitness assessment process.

For information on our future educational events, please go to our Events page.

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