Notice of Further Consideration (Health Reasons)

Version Number

2.3

Implementation Date

11/04/2014

Scope

Department-wide

Purpose

This procedure outlines the circumstances and the relevant process for:

  • Placement of a Notice of Further Consideration (Health Reasons) on the electronic employment record of an employee who is ill health retired under section 178 of the Public Service Act 2008 (Qld).
  • Placement of a Notice of Further Consideration (Health Reasons) on the electronic employment record of an employee who ceases work with unresolved health issues that may present a workplace health and safety risk if they are re-employed. 
  • Modification or removal of a Notice of Further Consideration (Health Reasons) on the electronic employment record of an employee who has ceased work with the Department with unresolved health issues that may present a workplace health and safety risk if they are re-employed.

Overview

A Notice of Further Consideration (Health Reasons) is a notice entered on the Department’s electronic payroll systems for employees who have unresolved health issues when they cease work with the Department. This notice does not preclude the person’s future employment with the Department, however, it does require that appropriate investigations occur, including the obtaining of a suitable medical clearance prior to any future re-employment. This is to ensure that the Department will not be placing the health and safety of any person at the workplace at an unacceptable risk if they are re-employed.

Responsibilities

The Director-General, Deputy Director-General (Corporate Services), Assistant Director-General (Human Resources), all Executive Directors (Human Resources), Director, Organisational Health:

  • ​approve a Notice of Further Consideration (Health Reasons) to be placed on the electronic employment records for employees who cease employment with unresolved health issues.
  • approve the modification and/or removal of a Notice of Further Consideration (Health Reasons) where appropriate.

Organisational Health Unit:

  • investigate requests related to a Notice of Further Consideration (Health Reasons).
  • place, modify and remove Notices of Further Consideration (Health Reasons) on electronic employment records, as approved.

Regional Directors/Regional Human Resource Managers & Institute Directors/Training Human Resource Managers:

  • recommend a Notice of Further Consideration (Health Reasons) be placed on the electronic employment record for employees within their Region/Institute where it meets criteria.

Senior Injury Management Consultants and Principal Human Resource Consultants:

  • identify employees who may meet criteria for placement of a Notice of Further Consideration (Health Reasons).
  • ensure the confidentiality of personal medical information, by applying appropriate security access controls in TRIM and keeping hardcopy documents secured.

Principals/Managers:

  • inform regional office/Institute/central office of any employees who may meet criteria for a Notice of Further Consideration (Health Reasons).

Workplace Rehabilitation and Return to Work Coordinators:

  • provide information required to support a request for the placement, modification or removal of a Notice of Further Consideration (Health Reasons). 

Previous employee of the department:

  • seek to have a decision to place a Notice of Further Consideration (Health Reasons) reviewed by the Director, Organisational Health, where they perceive it has been placed in error.
  • initiate the process to have their medical circumstances reviewed to determine their fitness for re-employment.
  • fund the provision of medical reports to the Department in order for the Department to give consideration to the previous employee’s request to have the Notice of Further Consideration (Health Reasons) modified/removed.

Process

+ Process for placing a Notice of Further Consideration (Health Reasons) for employees who are ill health retired

When the Director, Organisational Health approves for an employee to be ill health retired from the Department under section 178 of the Public Service Act 2008, the Organisational Health Unit enter a Notice of Further Consideration (Health Reasons) onto the electronic employment record.

+ Process for placing a Notice of Further Consideration (Health Reasons) for employees resigning for health reasons

Central Office Responsibility:

Step 1:
The Organisational Health Unit reviews the monthly payroll report which identifies employees who have resigned or retired citing ‘health reasons’. This report is reviewed with consideration given in particular to the employee’s absences history prior to resignation.

  1. ​For employees who had a continuous absence due to health reasons of 10 weeks or more prior to separation, a recommendation is made to the Director, Organisational Health for the placement of a Notice of Further Consideration (Health Reasons).
  2. For all other employees, further information is sought from the relevant Region/Institute/work unit regarding medical, claims and injury management case history. If the information provided​ identifies unresolved health issues and a possible health and safety risk to any person in a departmental workplace should that employee be re-employed in the future, a recommendation is made to the Director, Organisational Health for the placement of a Notice of Further Consideration (Health Reasons).

Step 2:
The Director, Organisational Health considers each request for a Notice of Further Consideration (Health Reasons) and approves this course of action where the information supports it. The Director, Organisational Health provides a signed letter to each employee advising that a Notice of Further Consideration (Health Reasons) will be placed on their electronic employment record, unless there are exceptional reasons for not providing this advice, e.g. in the interests of the individual’s health and wellbeing.

Step 3:
The Organisational Health Unit places a Notice of Further Consideration (Health Reasons) on the employee’s electronic employment record, as approved by the Director, Organisational Health.

Step 4:
Where previous employees believe that the Notice of Further Consideration (Health Reasons) has been placed in error, they can provide written advice to the Director, Organisational Health for consideration.  Following a review of this information, the Director, Organisational Health can either remove or maintain the Notice of Further Consideration (Health Reasons).  The previous employee will be advised of this decision in writing.

+ Process for requesting a Notice of Further Consideration (Health Reasons)

Regional/TAFE Institute/Central Office Responsibility

Step 1:
Regions/TAFE Institutes/Central Office work units are required to identify any employees who have ceased work with unresolved health related issues that may present a workplace health and safety risk.  For example, where there are medical certificates or reports indicating incapacity for work, where the employee is on workplace rehabilitation or where the employee was on extended leave due to a mental or physical illness or disability at the time of their separation.

Step 2:
The Regional Director/Regional Human Resource Manager or Institute Director/Training Human Resource Manager or Central Office Director uses Attachment 1 to prepare a memo to the Director, Organisational Health recommending the placement of a Notice of Further Consideration (Health Reasons).

The Regional Director/ Regional Human Resource Manager or Institute Director/Training Human Resource Manager/Director – Central Office also prepares a letter using Attachment 2 for the Director, Organisational Health to sign, advising the employee that a Notice of Further Consideration (Health Reasons) will be placed on their electronic employment record.

Step 3:
The Director, Organisational Health reviews all relevant documents and if appropriate, approves requests for a Notice of Further Consideration (Health Reasons) to be placed on an employee’s electronic employment record.  Where approved, the Director, Organisational Health may provide a signed letter (Attachment 2) to the employee, unless the provision of such an advice would not be in the best interests of the employee’s health or wellbeing.  

Step 4:
The Organisational Health Unit provides a copy of the letter to the relevant Region/Institute.

Step 5:
The Organisational Health Unit places a Notice of Further Consideration (Health Reasons) on the employee’s electronic employment record.

Step 6:
Where previous employees believe that the Notice of Further Consideration (Health Reasons) has been placed in error, they can provide written advice to the Director, Organisational Health for consideration.  Following a review of this information, the Director, Organisational Health can either remove or maintain the Notice of Further Consideration.  The previous employee will be advised of this decision in writing.

+ Process for Modifying/Removing a Notice of Further Consideration (Health Reasons)

Step 1:
The applicant contacts the Organisational Health Unit requesting the Notice of Further Consideration (Health Reasons) be modified/removed from their electronic employment record to enable them to undertake further employment with the Department.   

Step 2:
The applicant is sent a letter outlining the re-employment process with the following attachments:

Step 3:
The applicant provides the Organisational Health Unit with their signed Authority to Release Information form.

Step 4:
The Organisational Health Unit investigates the reasons for the placement of the Notice of Further Consideration (Health Reasons).  This includes accessing the applicant’s previous personnel file and rehabilitation file where one exists.

For applicants who had previously received Income Protection from QSuper, an email is sent to QSuper with the attached Authority to Release Information form​, requesting medical reports held by QSuper. The Organisational Health Unit emails the Workforce Review and Ethical Standards Units seeking information as to whether there are other issues that need to be considered as part of determining whether a Notice of Further Consideration (Health Reasons) should be modified/removed.

The Organisational Health Unit will then determine what medical information is required to further consider the applicant’s request to modify/remove the Notice of Further Consideration (Health Reasons).  It should be noted that the information required by the Department is determined on a case by case basis, based on the information available and the identified level of risk.  

All costs associated with obtaining the requested information are borne by the applicant.

The Department’s process for determining whether a previous employee’s Notice of Further Consideration (Health Reasons) should be modified/removed includes the following:

A letter is sent to an appropriate medical practitioner requesting a current report on the applicant’s health status and capacity to perform the duties they are seeking employment in.  Attached to this letter are:

  • Role description relevant to the position that the employee is applying for;
  • Functional job requirement report (if appropriate);
  • Questions for the doctor;
  • Copies of relevant previous medical reports; and the
  • Authority to release information form.

For employees who were ill health retired under section 178 of the Public Service Act 2008, the applicant is required to provide a report from the independent medical specialist who originally supported their ill health retirement.   If this doctor is unavailable, another relevant independent specialist opinion, acceptable to the Department will be sought.  

Other applicants may be required to provide a report from their treating specialist or treating general practitioner.      

Depending on each case, other investigations may include, but are not limited to the provision of references from previous relevant employment.

Step 5:
Once all the required information is obtained, the Organisational Health Unit makes a recommendation to the Director, Organisational Health.

Step 6:
The Director, Organisational Health makes a decision whether to approve for the Notice of Further Consideration (Health Reasons) to be modified/removed.  

Step 6A:
If the request is approved, the Organisational Health Unit will modify/remove the Notice of Further Consideration (Health Reasons) and advise the applicant in writing of the decision. 

The applicant is then able to apply for appropriate positions with the Department in the usual manner.  For some previous employee’s, there may be some ongoing medical restrictions that they will need to comply with when applying for employment.  

Modification/removal of a Notice of Further Consideration (Health Reasons) does not guarantee employment with the Department.

Step 6B:
If there are concerns that the modification/removal of the Notice of Further Consideration (Health Reasons) will place the applicant or a person in a departmental workplace at unacceptable health and safety risk, a letter advising the applicant that their request has not been approved is sent to the applicant outlining the Department’s concerns.

Online Resources

Review Date

24/03/2016
Attribution-NonCommercial CC BY-NC
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