Do Clubs Need to Accept Online Medical Certificates?

This article outlines the legal framework and practical considerations for determining whether clubs must accept such certificates, especially when no consultation with a medical practitioner has occurred. 

Legal Framework 

Under the Fair Work Act 2009 (Cth), employees are entitled to paid personal/carer’s leave if they provide evidence that would satisfy a reasonable person they are unfit for work due to illness or injury. Acceptable evidence includes medical certificates or statutory declarations. 

However, the Act does not specify the format or method of consultation required for a medical certificate to be valid. Instead, it focuses on whether the evidence is reasonable in the circumstances. 

Types of Online Medical Certificates 

There are generally two types of online medical certificates: 

1. Telehealth certificates – issued after a consultation (via phone or video) with a registered medical practitioner.
2. Instant certificates – issued based solely on a form completed by the employee, with no direct consultation. 

Can Clubs Refuse Online Certificates Without Consultation? 

Generally, clubs are not required to accept medical certificates that are issued without any consultation. A recent Federal Court decision in Fair Work Ombudsman v More Than Skin Pty Ltd (No 2) [2023] found that a single-day certificate from InstantScripts was inadequate because it lacked detail and was issued without any medical examination. The court stated that such certificates carry no more weight than a self-written statement. 

Employers are generally expected to accept certificates issued by registered practitioners, but only if the certificate is based on a genuine consultation, whether in-person or via telehealth. 

Case Example: Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784 

This case offers a timely and practical example of how online medical certificates without consultation may be treated. 

A solicitor took sick leave to attend the AFL’s Gather Round in Adelaide and later submitted an online medical certificate obtained without any consultation. The Fair Work Commission found the certificate to be “devoid of probative value” and upheld the dismissal for serious misconduct. The Commission emphasised that the lack of medical assessment and the employee’s dishonesty undermined the credibility of the certificate and justified termination. 

This case reinforces that not all medical certificates carry equal weight, and employers may reject certificates that do not meet the standard of evidence required under the Fair Work Act. 

Policy Considerations for Clubs 

Clubs may choose to implement or update their workplace policies to clarify what forms of evidence are acceptable. This can include: 

• Requiring that medical certificates be issued following a consultation (in-person or telehealth).
• Stating that online-only certificates (i.e. those issued without any consultation) will not be accepted.
• Reserving the right to request further information or prefer in-person certificates for health and safety reasons. 

Example Clause:

If you are unfit for work and are required to provide suitable evidence, acceptable forms of evidence include: 

• A medical certificate issued by a registered medical practitioner following an in-person or telehealth consultation; or
• A statutory declaration where a medical certificate cannot reasonably be obtained. 

Online-only medical certificates (i.e. certificates issued without a direct consultation with a registered medical practitioner) or certificates not issued by a registered practitioner will not be accepted as valid evidence for paid personal/carer’s leave under this policy. 

Summary for Clubs 

To ensure employees understand the club’s expectations in relation to providing suitable evidence if they are unfit for work, member clubs should:

• review and update personal leave policies to reflect these standards;
• clearly communicate their policies and ensure they are reasonable and compliant with the Fair Work Act; and
• contact the Workplace Relations Team and ClubsNSW if you are considering questioning a medical certificate provided by an employee. 

Should you have any questions, please contact the ClubsNSW Workplace Relations Team via ClubASSIST on 1300 730 001.