A Nominated Medical Adviser completing Section 4 of the approved Health Assessment form under the Coal Mining Safety and Health Regulation 2001 (Qld) is confined to identifying present physical restrictions on a coal mine worker's fitness for duty and may not assess the worker as unfit based on statistical future health risks such as the risk of cardiac events arising from obesity. A finding of unfitness based solely on BMI and neck circumference as indicators of future risk, without any present physical restriction, does not comply with s 46(3)(a) of the Regulation. Separately, where an NMA's own subsequent correspondence contradicts findings of permanence and no need for review, those findings will be set aside on judicial review for want of evidence.
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