HAVE YOU BEEN DIRECTED, AGAINST YOUR WISHES, TO GO
TO HEALTHQUEST, OR ANOTHER GOVERNMENT PSYCHIATRIST OR
If so, this may be helpful to you.
There is no guarantee that the following is
applicable to YOUR case.
This is not to be interpreted as legal advice in any
form, only a legal practitioner is qualified to do
that. You are the expert and must do whatever
required to pursue the avenues you select. Good Luck.
These are some thoughts and some possible areas for
you to consider:
- Have you got a medical certificate stating that
you can fulfil all the inherent requirements of the
job, and if so have you formally presented it to your
- Have you put put off going to HealthQuest by
demanding that they demonstrate in writing that they
have a legally enforceable right to send you there?
- Have you declined to go to HealthQuest until the
previous point # 2 is satisfied (maybe it never will
be) citing section 6.1 of DET's Code of Conduct.
- Have you later cited clause 17 (3) b of the
public sector management act general regulations of
1998, (read it, ESPECIALLY the bit after the OR) [In
essence do you need to consider if this means that
once you have a medical certificate the right to send
you to HealthQuest is extinguished & they do not have
right to a second opinion?]
- They may, if they have not already threatened you
repeatedly, consider that maybe it a heavy duty game
of bluff, and if you stick it out you may just win.
- The solution for some to get back to work may be
to initiate an anti discrimination case in the ADT
citing workplace discrimination? (this could be based
on their referral of you to HealthQuest and exclusion
from the workplace, being workplace discrimination in
its own right.)
- If agreement can be reached some form of
settlement document may be offered for signing. The
terms of settlement can be entered into the court
record in accordance with the ADT Act, yet the
results may not be published in Austlii as per a
recent case the government/Crown Solicitor’s
- A reason for a government agency to settle may be
something like: "if people catch onto .x’s.
defence we are completely blown out of the water".
- Last but not least, bear in mind it probably will
not be solved in 5 minutes, some people have taken
over 2 years to get a result, others have taken