Are the results of the pre-employment medical check protected by the HRIP Act?
No. The results are not protected by the HRIP Act because the HRIP Act does not cover ‘information or an opinion about an individual’s suitability for appointment or employment as a public sector official’. Example 2 Question: Bill then applies for a clerical job in the public sector. All candidates are required to undergo a pre-employment medical check. Are the results protected by the HRIP Act? Answer: Unlike the first example, where Bill’s health was potentially relevant to his ability to do the job (eg. a person’s epilepsy may render them unsuitable to operate heavy machinery), here the relevance of Bill’s health to his suitability for the job is less clear. It is likely that the results would be protected by the HRIP Act because they do not constitute ‘information or an opinion about an individual’s suitability for appointment or employment as a public sector official’. It is also arguable that requiring Bill to do a pre-employment medical check for a clerical role is an unnecessa
