Who Can Write a Medical Certificate in Australia?

If an employee is unable to work due to sickness or injury, or they need to care for an ill or injured immediate family member or household member, they may be eligible for personal (sick) or carer's leave. The entitlements for these types of leave are governed by the National Employment Standards under the Fair Work Act 2009.

Employee Entitlements and Responsibilities

All employees, except casual workers, are entitled to paid sick or carer's leave. However, there are conditions attached to this entitlement:

• Employees must inform their employer that they are taking sick or carer's leave and provide an expected return date.
• Employers have the right to request proof that the leave was taken for a legitimate reason.

Legal Framework: The Fair Work Act

Section 97 - When Paid Personal/Carer's Leave Can Be Taken

Employees can take paid personal or carer's leave if:

1. They are unfit for work due to a personal illness or injury.
2. They need to provide care or support to an immediate family or household member affected by illness, injury, or an unexpected emergency.

Section 107 - Providing Evidence

Employees must provide evidence to their employer that reasonably confirms their need for leave. This applies to:

• Paid personal/carer's leave (as per Section 97)
• Unpaid carer's leave (as per Section 103(1))
• Compassionate leave (as per Section 105(1))

Medical Certificates

Acceptable Forms of Evidence

Medical Certificates from a Medical Practitioner

The simplest way to provide proof is through a medical certificate issued by a qualified medical practitioner.

Under the Fair Work Act:

• A medical certificate must be signed by a registered medical practitioner.
• A medical practitioner refers to an individual licensed or registered under state or territory laws governing medical professionals.

The Australian Health Practitioner Regulation Agency (AHPRA) maintains a registry of medical practitioners, ensuring that only licensed doctors can issue valid medical certificates. You can check this registry at AHPRA.

The Australian Medical Association (AMA) also provides clear guidelines on issuing these certificates, particularly for carer's leave, which can only be certified by the treating doctor of the person requiring care. For more on the AMA guidelines, visit their website: AMA.

Statutory Declarations

Not all illnesses require a doctor's visit. A statutory declaration allows employees to formally declare their absence due to illness. This document must be signed in the presence of an authorised witness.

Since making a false declaration carries legal consequences, statutory declarations serve as a legally valid form of proof for sick or carer's leave. For more information on statutory declarations, refer to the Australian Government's website: Statutory Declarations.

Certificates from Other Health Professionals

Previously, under the WorkChoices legislation, a broader range of registered health practitioners—such as pharmacists, physiotherapists, psychologists, and chiropractors—could issue medical certificates for sick leave.

However, when the Fair Work Act replaced WorkChoices, this provision was removed. The current law only states that employees must provide reasonable evidence to justify their absence, without specifying who can issue such certificates.

In practice, many registered health practitioners still provide medical certificates for sick leave. Some industries, such as pharmacy, have formal guidelines for issuing these certificates. For more details on pharmacy guidelines, visit the Pharmacy Guild of Australia's website: Pharmacy Guild of Australia.

Employer Considerations for Accepting Non-Doctor Certificates

Employers generally accept medical certificates from health practitioners as long as they meet certain criteria:

• Does the certificate relate to the practitioner's area of expertise?
• Is the practitioner registered or licensed? (AHPRA allows employers to verify registration.)
• Does the certificate appear authentic, with original details, clinic name, and address?

If these conditions are met, the certificate typically satisfies the Fair Work Act's requirement for reasonable evidence.

Can Employers Reject a Medical Certificate?

While rare, there have been legal cases where employers have successfully challenged the legitimacy of medical certificates. If an employer suspects a certificate is false or inaccurate, they should seek HR or legal advice before rejecting it.

Conclusion

To avoid disputes, businesses should clearly outline medical certificate requirements in their sick leave policies. Employers should ensure policies are applied fairly and consistently and avoid rejecting certificates without carefully evaluating all circumstances.

Frequently Asked Questions (FAQs)