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Statutory Declaration - Health Declaration

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Who can use this resource

This resource can be used by all employers.

Commentary

Collection of health information will be relevant for the following purposes:

to assess a potential employee’s ability to perform the inherent requirements of the position;
to be alerted to the possible dangers or risks to an individual’s health arising from the performance of particular work; and
to ensure health, safety, and welfare in the workplace.

If a person’s condition would prevent the person from performing the inherent requirements of the job, the employer should assess whether reasonable adjustments could be made to accommodate the condition and allow the person to undertake the position.

Job description to be attached

A job description is a broad specification of the requirements of a position, including the key responsibilities and accountabilities of the position. The health declaration should have a relevant connection to the duties and requirements of the job. For this reason, care should be taken to properly express the key responsibilities and accountabilities of the position in the job description.

This statutory declaration should be accompanied by a detailed job description. A prospective employee should be given a copy of the job description and an opportunity to consider it before making the statutory declaration.

Important note to subscribers

The commentaries and documents in HR Advance are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.

This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.

This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.

If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.

After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants.

Further information

Further information on how to use this document can be found at the ‘How to use these forms' link on the Forms page of the HR Advance website.

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