To Ask or Not to Ask, That is the Question

Prospective Employers in Queensland can now ask Job Applicants to disclose pre-existing injuries or Medical Conditions. If a prospective employer wishes to do this the request to the job applicant must be in writing, must describe accurately the duties of the job and must notify the job applicant that if they knowingly give a false or misleading reply to the questions then they will not be able to claim compensation or damages if something occurs at work that aggravates the pre-existing injury or medical condition. It seems likely that the question of what is pre-existing, and what is knowingly, as well as whether the job duties were accurately described could all be fertile grounds for dispute.

Just because a prospective employer can ask these questions is it wise to do so? If an employer knows that an employee has a pre-existing injury or medical condition that employer is likely to have a higher duty of care towards that employee. Prospective Employers are also still required to ensure that during their recruitment process they do not make decisions about hiring staff which breach the various provisions of the Fair Work Act (Cth), the Disability Discrimination Act (Cth) and the Anti Discrimination Act (Qld). The process of recruiting staff remains one that employers should undertake with great care.