Duty of Disclosure – Who do I have to tell I have a Mental Illness?
A common question that arises when someone is diagnosed with a Mental Illness is: - “Who do I have to tell?”
Your Employer?
Generally you don’t have to tell your employer about your Mental Illness unless it’s an occupational health and safety risk. The same is the case if you are applying for a new job.
Also, your employer can’t force you to see their doctor or to sign authorities to get reports from your doctors. There are some exceptions such as for Worker’s Compensation claims.
However, telling your employer might be a positive move. It may help explain any problems you have doing your job and might result in changes to your work which could mean you can continue to work productively.
It’s important to consider what your employer’s reaction will be and maybe get the help of your doctor, union or your relevant Mental Illness association.
If you have been discriminated against as a result of the disclosing your Mental Illness to your employer, you have rights under the Equal Opportunity Act 1995 and the Federal Disability Discrimination Act 1992.
The Road Traffic Authority?
You may have to notify the Road Traffic Authority in your state of a Mental Illness in some circumstances. Most Road Traffic Authorities require you to tell them about a Mental Illness if it is likely to affect your ability to drive, as soon as practical.
It is important to note that your driving licence could be affected if you disclose your Mental Illness. Depending on the recommendation of your doctor, your licence could be suspended, cancelled or amended to include a condition requiring you to carry a medical certificate if you are driving. If your doctor thinks that your condition may affect your ability to drive, your doctor may be obliged at law to notify the Road Traffic Authority in your state. Also, if a member of the public, a friend or family is concerned with your ability to drive, they may also be able to notify the Road Traffic Authority in your state. If this occurs, the relevant Authority may investigate your medical condition to check your ability to drive.
If you’re not sure of your position you should speak with your doctor.
Insurance Companies?
Some but not all insurance policies require you to tell the insurer if you have a Mental Illness before you take out the policy. Life insurance, income protection insurance and disability insurance policies usually require you to fill in a health questionnaire and if you don’t tell them about your Mental Illness they might try to cancel your policy and not pay you if they find out when you claim.
However, you don’t always have to tell them if your Mental Illness is under control and you can often challenge decisions of insurance companies.
It might also be possible to get disability and death insurance cover without any health questions such as under “group insurance” schemes eg with your employment super, employer income protection insurance or credit union. If you start a job, join a superannuation fund or an organisation that offers insurance, check to see whether you get automatic insurance cover without any health questions.
Your Superannuation Fund
Most employment superannuation funds include disability and death insurance benefits without having to fill in any health questionnaires up to a certain monetary limit. If you want to get insurance cover over the limit, you will have to fill in a health questionnaire and you will probably have to tell them about your Mental Illness.
You can usually get lump sum cover for death and total and permanent disability and maybe also monthly income protection payments under superannuation funds even if you have a Mental Illness. If you have to stop work because of your Mental Illness and you have the insurance cover attached to your superannuation, you may then be able to make a claim.
The terms and conditions vary from one superannuation fund to another so it is important to check what you are covered for and whether you have to tell the superannuation fund or their insurance company about your Mental Illness.
Help
If you have any questions about your disclosure obligations or regarding your employment, insurance or superannuation rights, you can contact Maurice Blackburn Lawyers on 1800 810 812 for free advice.
A common question that arises when someone is diagnosed with a Mental Illness is: - “Who do I have to tell?”
Your Employer?
Generally you don’t have to tell your employer about your Mental Illness unless it’s an occupational health and safety risk. The same is the case if you are applying for a new job.
Also, your employer can’t force you to see their doctor or to sign authorities to get reports from your doctors. There are some exceptions such as for Worker’s Compensation claims.
However, telling your employer might be a positive move. It may help explain any problems you have doing your job and might result in changes to your work which could mean you can continue to work productively.
It’s important to consider what your employer’s reaction will be and maybe get the help of your doctor, union or your relevant Mental Illness association.
If you have been discriminated against as a result of the disclosing your Mental Illness to your employer, you have rights under the Equal Opportunity Act 1995 and the Federal Disability Discrimination Act 1992.
The Road Traffic Authority?
You may have to notify the Road Traffic Authority in your state of a Mental Illness in some circumstances. Most Road Traffic Authorities require you to tell them about a Mental Illness if it is likely to affect your ability to drive, as soon as practical.
It is important to note that your driving licence could be affected if you disclose your Mental Illness. Depending on the recommendation of your doctor, your licence could be suspended, cancelled or amended to include a condition requiring you to carry a medical certificate if you are driving. If your doctor thinks that your condition may affect your ability to drive, your doctor may be obliged at law to notify the Road Traffic Authority in your state. Also, if a member of the public, a friend or family is concerned with your ability to drive, they may also be able to notify the Road Traffic Authority in your state. If this occurs, the relevant Authority may investigate your medical condition to check your ability to drive.
If you’re not sure of your position you should speak with your doctor.
Insurance Companies?
Some but not all insurance policies require you to tell the insurer if you have a Mental Illness before you take out the policy. Life insurance, income protection insurance and disability insurance policies usually require you to fill in a health questionnaire and if you don’t tell them about your Mental Illness they might try to cancel your policy and not pay you if they find out when you claim.
However, you don’t always have to tell them if your Mental Illness is under control and you can often challenge decisions of insurance companies.
It might also be possible to get disability and death insurance cover without any health questions such as under “group insurance” schemes eg with your employment super, employer income protection insurance or credit union. If you start a job, join a superannuation fund or an organisation that offers insurance, check to see whether you get automatic insurance cover without any health questions.
Your Superannuation Fund
Most employment superannuation funds include disability and death insurance benefits without having to fill in any health questionnaires up to a certain monetary limit. If you want to get insurance cover over the limit, you will have to fill in a health questionnaire and you will probably have to tell them about your Mental Illness.
You can usually get lump sum cover for death and total and permanent disability and maybe also monthly income protection payments under superannuation funds even if you have a Mental Illness. If you have to stop work because of your Mental Illness and you have the insurance cover attached to your superannuation, you may then be able to make a claim.
The terms and conditions vary from one superannuation fund to another so it is important to check what you are covered for and whether you have to tell the superannuation fund or their insurance company about your Mental Illness.
Help
If you have any questions about your disclosure obligations or regarding your employment, insurance or superannuation rights, you can contact Maurice Blackburn Lawyers on 1800 810 812 for free advice.
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