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‘Medical disclosure’ just means telling someone your personal medical details, which might include:
Some employers may ask medical questions in an interview, or on new employee forms, before you commence employment. These might be questions like:
You only need to provide medical information which is relevant to the job you are being employed to do, if that medical information is reasonably likely to have an impact on your work.
There is no law in Australia which forces employees to provide their personal medical information to an employer or a prospective employer. In fact, health conditions including physical disabilities, previous injuries and psychiatric conditions are ‘protected attributes’ under discrimination laws – which means that employers cannot refuse to give you a job simply because of any real or imagined issue that your medical condition might present.
However, your employer may need to know any medical conditions which can have an impact on your ability to do the job, so they can assess any safety risks, and/or what adjustments they might need to make for you so you can do the job.
Employers, or future employers, can only ask questions about your medical history, or current medical situation, in cases where those questions relate to the genuine requirements of the job. An employer can ask certain questions to determine if you can still do the job, to assess any safety risks, or to work with you to figure out what changes you might need in the workplace so you can still do the job.
For more information on discrimination in employment, see our information page on Discrimination in the workplace.
See this factsheet from the Australian Human Rights Commission for more information about what a future employer can and cannot ask you before starting a new job: Questions in Job Interviews
Over 2 in 5 Australians aged 16–85 have experienced a mental health condition during their lifetime. It’s not going to be unusual then for you to have had, or still live with a mental illness. The rules around disclosure of a mental illness are the same for any other injury or medical condition. An employer can only request information about mental health which is relevant to the job you are being employed to do, if that mental health condition is reasonably likely to have an impact on your work.
The Australian Human Rights Commission has created a helpful guide on managing mental illness in the workplace, which can be found here: Workers Mental Illness Guide .
Some jobs will ask you to do a medical test, or even a psychological test, before starting a new job. Just like the rules around disclosing your medical history, there are some cases where a future employer can ask you to do a medical test before commencing employment, for example:
The law says that employers can ask you to undertake a medical assessment ‘where necessary’. If you’ve been asked to do a medical test, either before or after starting a new job, and you’re not sure if you have to, contact us here for free and confidential legal advice.
Future employers can either ask you to get specific vaccinations, or provide proof of vaccinations in certain circumstances, for example:
The information regarding the COVID-19 vaccine on our page titled COVID-19 vaccines and your workplace rights can be applied to any vaccine required by your employer.
Sometimes employers will ask their existing employees to undergo medical examinations or even drug and alcohol tests. For information about this, see our page on Medical disclosure during employment.
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