What is mental or physical incapacity?

If an employee in the teaching service is incapable of performing the duties of his or her position on account of physical or mental incapacity, the Secretary may commence an inquiry under Division 8, Part 2.4.56 of the Act.

The mental or physical incapacity procedures do not apply in circumstances where an employee retires or resigns from his or her employment on the ground of physical or mental incapacity.

Advice must be obtained from the Employee Conduct BranchExternal Link prior to the commencement of an inquiry into the physical or mental capacity of an employee in the teaching service.

An inquiry under the incapacity provisions of the Act is only to be used for teaching service employees with a mental or physical condition that causes them to be incapable of performing the inherent requirements of their particular position. Inappropriate termination on the ground of physical or mental incapacity can, in certain circumstances, be unlawful under the Fair Work Act 2009, the Disability Discrimination Act 1992 (Cth) or the Equal Opportunity Act 2010 (Vic). State and Federal anti-discrimination laws must be complied with, in using these procedures.

The Secretary may delegate his or her powers for the purposes of Part 2.4.56 of the Act to a nominated person or, in exceptional circumstances, a Board of Review. Accordingly, in these procedures, a reference to the Secretary may include a reference to the Secretary’s delegate.

Mental or physical incapacity for Fitness for Duty

Reviewed 03 April 2020

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