This article is written for general public information by Criminal Defence Lawyers Australia and not to be used as legal advice.
Many employees experience the familiar inconvenience of obtaining a medical certificate after taking sick leave. To simplify this process, several specialised telemedicine services have recently emerged in Australia, offering certificates online from qualified medical professionals, allowing you to avoid an in person visit to the local GP doctor.
However, are these online medical certificates legal? The following outlines the laws applying to medical certificates in Australia, including when an employer can request a certificate and whether online medical certificates are valid for the purposes of sick leave.
What Are Online Medical Certificates? | Sick Certificate | Doctor's Certificate
An online medical certificate, also known as a doctor's certificate or sick leave certificate, is a document executed by an Australian registered health practitioner, namely, a qualified and registered doctor certifying, as proof to an employer, that a person is unwell or unfit.
When Can Employers Demand A Medical Certificate?
Under section 107 of the Fair Work Act 2009 (Cth) an employer has the right to request a medical certificate or other evidence from an employee to verify their need for taking leave.
An employee must notify their employer of their intention to take leave as soon as practicable, specifying the duration or expected duration of the absence. If requested, the employee must then provide evidence that would satisfy a reasonable person that the leave was taken for a legitimate reason, such as illness, injury, or caring responsibilities.
Generally, a medical certificate issued by a licensed healthcare professional is sufficient evidence for this requirement.
Are Online Medical Certificates Legal?
Telehealth, or the provision of health services via the internet or over the phone, is a valid means of providing health services in Australia, becoming increasingly common after the COVID-19 pandemic.
A medical certificate issued online will be valid if:
- It is issued by a qualified health professional registered with the Australian Health Practitioner Regulation Agency (AHPRA); and
- The certificate was issued following a professional medical assessment, this assessment can occur online or over the phone; and
- The certificate was issued on the basis of accurate information as the health professional perceives them. For example, it would not be valid if the health professional is knowingly making fraudulent claims on the certificate.
As long as the above criteria is met, an online medical certificate is valid for use to substantiate sick leave requirements.
Can a Medical Certificate be Backdates? | Backdated Medical Certificates Online
A medical certificate cannot be backdated by a doctor. Backdating a medical certificate is illegal and can have significant criminal consequences. However, a doctor's certificate, while being dated as the day of the consultation, can state that the illness or medical condition predates the date of consultation if there is enough basis to do so. In that instance, the medical certificate must state the date of the issue of the certificate and the period of time in which the doctor believes that the patient has been and will be unfit or unwell.
Equally, an employee who produces a backdates illegal doctor's certificate amounts to employee fraud and is illegal.
Guidelines for Issuing Medical Certificates
The Australian Medical Association has issued guidelines for medical practitioners issuing certificates for certifying illness which must also be followed.
The guidelines caution practitioners that they must avoid providing false or misleading certificates and should only issue certificates based on their assessment, which may include a patient's history, and should only certify periods of illness that are consistent with their findings.
If contacted by an employer to confirm a certificate, practitioners must verify the authenticity of the certificate but provide no further patient information without the patient's express consent.
Finally, medical certificates must include specific details such as the doctor's name and address, patient's name, and relevant dates. A diagnosis is generally not required unless legally necessary and with the patient's consent.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
