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Reference
HAVE YOU BEEN DIRECTED, AGAINST YOUR WISHES, TO GO TO HEALTHQUEST, OR ANOTHER GOVERNMENT PSYCHIATRIST OR PSYCHOLOGIST?If so, this may be helpful to you.
IMPORTANT:
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 employer?
- 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 The terms of settlement can be entered into the court record in accordance with the ADT Act, yet the results may not be published in Austlii as per a recent case the government/Crown Solicitor’s lost).
- 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 longer.