The power under s 175 of the Public Service Act 2008 (Qld) to require a medical examination of an employee suspected of incapacity is not subject to the prohibitions in the Anti-Discrimination Act 1991 (Qld), but the power under s 178 to transfer, redeploy or retire an employee following the medical report must be exercised subject to the Anti-Discrimination Act's prohibitions and exemptions (including unjustifiable hardship, genuine occupational requirements, and reasonable terms). Complaints about the exercise of the s 178 power may properly found a complaint under the Anti-Discrimination Act.
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