6.5 Termination on the Grounds of Illness
6.5.1 If the University believes there is doubt regarding a Staff Member's capacity to perform the duties of their position due to serious illness, the University may require the Staff Member to undergo a medical examination. The University will nominate a medical practitioner to conduct the medical examination at its expense and will provide written notice of not less than one month that a medical examination is required. A statement setting out the inherent duties performed by the Staff Member will be provided to the practitioner to assist in the assessment.
The medical practitioner will be required to make an assessment as to whether an employee is able to perform his or her duties and will be able to resume them within 12 months (or in the case of a fixed-term employee within 12 months or the balance of their contract, whichever is the lesser). In doing so they will, as far as possible, apply the definitions, if any, of 'total and permanent disability' or 'total and temporary disability' (as appropriate) contained in the Trust Deed or like instrument of the employee's superannuation scheme.
6.5.2 Copies of the medical report will be provided to the Staff Member and University.
6.5.3 If the medical report finds that the Staff Member will be able to resume and perform the inherent requirements of their substantive position within a 12 month period, the University will proceed with a return-to-work plan (or amended plan depending on the circumstance). Not withstanding the above, a Staff Member who has not returned to work within 24 months of commencing leave, may be terminated by the University in accordance with sub clause 6.5.6(a) or (b).
6.5.4 If the medical report finds that the Staff Member will be unable to perform the inherent requirements of his or her substantive position within a 12 month period, the University will proceed to terminate the Staff Member's employment with payment in lieu of notice of 6 months salary (for a continuing Staff Member or a fixed-term Staff Member of more than one year's service) or 6 months salary or to the end of the fixed term, whichever is lesser (for a fixed term of 1 year or less).
6.5.5 The University will support an application to the Staff Member's superannuation fund for ill health retirement or temporary disability benefit under the rules of the superannuation fund. If the Staff Member proceeds with this action, the requirement for a medical examination will lapse. If the medical report has been obtained prior to the Staff Member making this decision, it may be used as evidence in this process.
6.5.6 If the Staff Member is a member of a superannuation fund which does not provide for ill health retirement or temporary disability benefit, or the fund declines to provide such benefits, the University will offer in writing:
(a) to allow the Staff Member the opportunity to submit a resignation and, if the resignation is offered, will accept it immediately; or
(b) where no resignation is forthcoming within 28 days of the written advice, to terminate the employment of the Staff Member with payment in lieu of notice of 6 months salary (for a continuing appointment or a fixed term of more than one year) or 2 months salary or to the end of the fixed term, whichever is smaller (for a fixed term of 1 year or less).
6.5.7 If, within 14 days of the medical report being made available, the Staff Member (or, if they choose, their representative) requests, the University will take no further action until the findings of the report are confirmed by a review panel. The review panel will consist of 3 medical practitioners, one appointed by the University, one by the Staff Member and one selected from practitioners nominated by the AMA (NSW). The practitioners will not have been involved in preparing the original report or the Staff Member's course of treatment.
6.5.8 The University may consider a Staff Member's refusal to undergo a medical examination in accordance with these procedures as prima facie evidence that such a medical examination would have found that the Staff Member was unable to resume duty and may act accordingly. No penalties in terms of misconduct will be enacted under this clause, and all outstanding entitlements will be paid to the exiting Staff Member.
6.5.9 These provisions do not displace or override any existing or future applicable workers' compensation schemes, legislation or relevant industrial instruments.