Medical Certificates and Dentists

Under the WorkChoices Act, an employer can now request that an employee produce a medical certificate where the employee takes a day of sick leave or carer’s leave.

On 19 March, the Workplace Relations Minister, Kevin Andrews issued a media release which clarified the way in which registered health professionals other than medical practitioners might be able to issue a medical certificate.

In order to address concerns raised by the Australian Medical Association, the regulations now specify that a health practitioner may only issue a medical certificate in relation to an area in which the health practitioner is licensed or registered according to a law of the relevant State or Territory.

It is now clear therefore, that dentists may not issue medical certificates with respect to an area of practice beyond their competence, as recognised by State or Territory law.