Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Where the Commissioner proposes to promote or transfer under this Act a member, the Commissioner:
(a) in the case of:
(i) a proposed promotion – shall; or
(ii) a proposed transfer – may,
by notice in writing served on the member, request that member to undergo a medical examination, at a time and place specified in the notice, for the purpose of ascertaining the medical fitness of that member to discharge the duties attaching to the position to which it is proposed to promote or transfer that member.
(2) A member the subject of a request under subsection (1) shall, at the time and place specified in the request, undergo the medical examination specified in that request.
(3) Where a medical examination referred to in subsection (1)(a) of a member shows that he does not have the medical fitness to discharge the duties attaching to the position to which it is proposed to promote or transfer him, the Commissioner may, for that reason, refuse to so promote or transfer that member.
(4) For the purposes of this section, medical fitness, in relation to a member, includes the mental health of the member.