Publication:Sea Talk Spring 2007/How the medical review board works

By Billie Peresin (Staff Officer DSCM) and Annie Casey PAO, NPT

LS Corinne Williams is one of the two percent of Navy people currently going through the Medical Employment Classification Review Board (MECRB) process. The MECRB applies when a member's medical circumstances change significantly.

Corinne, a former boatswain's mate, is a physical training instructor (PTI) at HMAS Kuttabul. She has been undergoing review under the MECRB since 2005 after being diagnosed with epilepsy following a minor car incident - she had a small seizure while driving. The condition was revealed after Navy investigated further to establish the cause of her accident and to assess her suitability for ongoing employment.

The MECRB applies a range of suitability criteria in determining an appropriate recommendation. Each case is considered on its merits and is balanced against the needs of the member concerned, the requirements of the Service with care being taken not to disadvantage other members who are fully fit for service.

LS Corinne Williams at the HMAS Kuttabul gymnasium. Pic by ABPH Andrew Dakin.

Corinne said: "I've had times of great uncertainty and despair about my future in the Navy since dealing with my condition - but I've learnt to manage it with the help of specialists and with the support of a good divisional chain."

Previously she had not known of her epilepsy, nor suffered any fits. She added: "If you have the right attitude the MECRB process can be a useful tool in maintaining your health - although my life has changed since my diagnosis, the regular reviews and clearance by my medical supervisors has enabled me to safely continue my work and work safely with others."

Corinne's current status means she is ineligible for promotion, however she is reviewed annually and her next MEC review is due in April 2008.

She is no longer eligible to go to sea, but fulfils normal duties as a PTI and is confident about continuing to do so into the foreseeable future.

The MECRB is bound to consider the following when making a recommendation:

1. The Disability Discrimination Act, which protects personnel from discrimination purely because of a disability. The act does allow personnel to be discharged or relocated, but only if maintaining them in their current position would place undue hardship on the employer.
2. The period of categorisation and any anticipated medical category change is taken into consideration. Depending on the actual restrictions placed on the member, and the manpower considerations of the whole category, it may be possible for the Navy to manage a person who is unable to perform all of the duties associated with a particular rank or category/specialisation for a reasonable period. However, a person who can not perform all the functions of their category/specialisation (including sea service) cannot expect to be employed indefinitely.
3. Current employment prospects and/or transfer of category/specialisation. The category/specialisation structure of the gaining category/specialisation is considered to assess whether the member can meet present and future performance requirements within their employment restrictions.
4. A member's position on the sea/shore roster and the sea service obligation of their category/specialisation is taken into consideration. These factors directly impact on the member's ability to remain in their current category/specialisation without having a detrimental effect on the sea service obligation of others.
5. Personal considerations, including posting history, past performance, length of service, family circumstances etc. Members are encouraged to submit member statements to the MECRB to be considered as part of the process. Although there is some scope for flexibility, personal circumstances, however unfortunate, can not be allowed to override the fundamental requirement for an individual to be fit for employment if that employment is to continue.

Should the decision be to terminate a member's service on medical grounds, the member may provide a statement of reasons why their service should not be terminated on the basis of medical condition or employability, which will usually need to be submitted within 28 days of notification of the decision. Normally a member will discuss this with their medical officer and divisional officer, before making a representation, which is then processed through normal administrative channels to the secretary of the MECRB.

Full details of the medical employment classification system, how to apply for a critical skills waivers, members' rights regarding the disclosure of information, and assistance provided when a medical discharge is approved can be found in DI(G) PERS 16-15 - Australian Defence Force Medical Employment Classification System.