If you have been referred for a medical assessment in relation to your fitness for work (often called an ‘Independent Medical Examination’ or ‘IME’), you are not alone. IMEs are quite common, but also naturally cause a lot of anxiety. This article is essential reading for any employee who has been referred to an IME. Please note this article does not relate to WorkCover IME referrals.

Can my employer direct me to attend an IME?

Your employer can make any lawful and reasonable direction of you in the employment.

In general, a direction to attend an IME will be considered a lawful and reasonable direction where there is a genuine need for it, and the referral is on reasonable terms. The employer also has OH&S obligations to ensure that its employees are fit for work.

When can I be referred to an IME?

If you have been referred to an IME, you should review your contract of employment, enterprise agreement or employer’s policies to see under what circumstances you can be referred for medical assessment. Some enterprise agreements, for example, provide that you can only be referred following a defined event. Employment contracts often contain a broad right of referral.

In the absence of any such provision, you can be referred if there is a reasonable basis for it, as described above.

Can I refuse to go?

It is risky to refuse to go, as the employer may consider that you have failed to comply with a lawful and reasonable direction and may therefore seek to discipline you on that basis. However, it is worth interrogating whether there is a reasonable basis for the referral. 

What other alternatives do I have?

If you have been referred for a medical assessment, your employer likely has concerns about your fitness to perform the role. It may be possible to avoid an IME referral by offering to have your own doctor answer questions relating to your fitness for work. This may even be preferable, given that your own doctor is likely to understand your needs and capacity better. In this instance, it is important to authorise your doctor to discuss or provide information relevant to fitness for work only.

What rights do I have at the IME?

The independent medical examiner should treat you with professionalism and respect, as any doctor should. However, the examiner is not your personal doctor, so the usual level of doctor/ patient confidentiality will not apply. It is important to remember that the IME assessor will be reporting back to your employer.

• You may be able to see the questions sent to the IME. Alternatively, you should ask for the final report to be provided to you.
• You should not have to pay for the IME
• You may be able to take a support person or friend to the IME
• You should discuss at the IME what adjustments can be made in the employment.

What will the IME assess me for?

The IME should be confined to whether you have any health condition that impacts your ability to perform the role.

Usually, an employer will ask the IME doctor’s opinion on:

• whether you have a medical condition, and what it is
• whether that condition is temporary or permanent
• when the condition is likely to improve
• whether the condition impacts your ability to perform the inherent requirements of the position
• what adjustments can be made in the employment.
•  

Challenging the decision

If you disagree with the IME’s findings, you may be able to object to them on the following bases:

• The employer did not follow the correct process outlined in an enterprise agreement or policy
• The IME’s findings are incorrect, and you have contrary medical evidence.

Check your enterprise agreement or company policy to see if there is an appeals process in relation to IME findings.

What if the report says I am unfit?

You should look closely at the exact words used by the IME. Often, a report is inconclusive.

If the IME finds that you are permanently unfit to perform the inherent requirements of the position, the employer may seek to terminate your employment or redeploy you.

Look closely at what the IME doctor has said about what adjustments can be made for you in the employment because the employer has obligations under discrimination laws to make reasonable adjustments for an employee’s disability.

What if I get sacked?

If you are dismissed due to ill-health, you may be able to:

• make an unfair dismissal application (if eligible)
• make a discrimination or general protections claim on the basis that the employer failed to make reasonable adjustments in relation to your condition, or you were treated unfavourably because of the condition.
• Further actions may also be available.

This article is information only and is not legal advice. It relates primarily to employees under the Fair Work Act 2009 (Cth). If you would like assistance with an IME referral or fitness for duty issue, please contact Henry Bournes. Henry Bournes 2026 ©  Liability limited by a scheme approved under Professional Standards Legislation.