Fitness for Duty

Introduction

The Department of Education and Training (the Department) has an obligation to support the maintenance of proper standards of performance and conduct for staff of the Department, and to protect and provide for the welfare and safety of students and other employees.

These Guidelines set out the Department’s procedure on managing mental or physical incapacity for employees in the teaching service. The Guidelines explain what mental or physical incapacity is, the legal basis to commence an inquiry, and the process required to complete an inquiry.

In these Guidelines, a reference to the Department includes a reference to a school council established under Part 2.3 of the Education and Training Reform Act 2006 (the Act), and a reference to an employee includes a reference to a person employed under Part 2.3 or Part 2.4 of the Act or section 20 of the Public Administration Act 2004.