Health Questionnaires and Assessments

Health questionnaires and assessments may be a standard procedure implemented by certain organisations for all employees. These procedures should only be implemented if the organisation has conducted a health analysis of each position of employment. If health questionnaires and assessments are conducted without a health analysis of each position, this may be deemed unlawful discrimination (refer to employer responsibilities on this page for further information)

Health questionnaires can be presented at a job interview or when the position of employment is offered. Health assessments tend to occur when the position of employment has been offered and the offer is conditional on the outcome of the assessment.

Health questionnaires and assessments may ask specific disability questions. These questions can be asked, provided it is for a legitimate purpose and that the health questionnaire and assessment are a reasonable way to achieve that purpose.

The purpose of health questionnaires and assessments is to:

1. identify whether the chosen applicant(s) can meet the inherent health requirements of the position of employment (if there are any) 2. help the employer and nominee to identify any work related adjustments that may be required and to make a recommendation. However it should be kept in mind that this is only a recommendation as the decision path in identying work related adjustments is the direct communication between the employer and nominee.

Pre-employment medical information sought either by medical examination or questioning should be tailored to identify only those conditions essential to satisfactory performance of the inherent requirements of the position. Evidence of a disability is an inadequate ground for not appointing someone, unless it can be demonstrated that the disability limits the satisfactory performance of the inherent (health) requirements of the position(1)

The collection of health information requires employment organisations to take reasonable steps, at the time, or as soon as practicable afterwards, to make employees aware of the collection process. A statement or supporting letter from the organisation tends to be placed on forms that require confidential information that outlines:

It is important to obtain for an employee with a disability to obtain this information before deciding to disclose disability information on any medical forms. The statement should provide sufficient information for the employee to know to whom they are going to disclose to and how the information will be used within the organisation.

To obtain information about the health assessment process, employees may wish to speak with the health assessment provider when they attend the assessment. Alternatively, prior to the assessment contact identified staff within the organisation such as equal employment officers, diversity or equity officers or external disability support services for advice.

The requirements for organisations to inform employees about the collection of personal information is fully set out in the Federal Privacy Act National Privacy Principles (for private organisations) or the Information Privacy Principles (Federal and ACT government organisations) or relevant state privacy legislation. Refer to the Privacy and Confidentiality document in this Resource or the Privacy website at www.privacy.gov.au

Should Disclosure Occur?

Employees may have a choice as to whether disclosure should occur on health questionnaires and/or assessments. However, this choice may be limited when:

An employer may make inquiries, assessments or examinations or do any act that is reasonably necessary to decide if:

Why an Employee may Choose to Disclose their Disability on a Health Questionnaire And/Or Assessment

Therese has decided to disclose her disability on the medical questionnaire that all employees are asked to complete. She is aware that she will need to negotiate some work related adjustments in order to undertake her role and she is comfortable with disclosing her disability in order to achieve this.

An employee may choose to disclose their disability on a health questionnaire and/or assessment to:

Why An Employee May Choose NOT To Disclose Their Disability On A Health Questionnaire And/Or Assessment

Damien has chosen not to disclose his disability because he believes it will not impact on his position, given that he has developed appropriate strategies for managing his disability. He also has a very good work history in which his disability has had no negative impact on his performance.

An employee may choose NOT to disclose their disability on a health questionnaire and/or assessment because:

What To Disclose

It is important to address the questions and provide the relevant health information required, provided a clear statement is made available outlining the reason for the collection of the information and how the information will be used by the organisation. The information should be presented in a clear and concise manner and relevant to the questions asked in the health questionnaire or assessment. It is not relevant to discuss or write a long history of the disability, nor any other personal information.

To Whom Should Disclosure Occur

When disclosing a disability on a health questionnaire and/or assessment, the information tends to be made available to departments such as human resources or employee relations. Employment nominees may choose to disclose to a health assessment provider employed or contracted by the organisation to implement health assessments. A health examination should only be performed by a qualified health assessment provider.

Employee : Rights And Responsibilities

An employment nominee with a disability has the right to :

Responsibilities:

Employer: Role And Responsibilities

It is the role of the employer or selection committee convener:

Responsibilities:

Footnotes