Are Online Medical Certificates Legal in Australia?

Overview

Yes, online medical certificates are legal in Australia, provided they are issued by an AHPRA-registered doctor or nurse practitioner in accordance with the Fair Work Act 2009¹. Employees can use certificates obtained through telehealth to validate their sick leave, and employers are required to accept these certificates just as they would with those issued in person. Telehealth streamlines the process, offering increased convenience, particularly for individuals in rural areas who are unwell. It meets the same legal and professional standards as traditional certificates.

What is a medical certificate?

A medical certificate, often referred to as a doctor's note or sick note, is an official document issued by a healthcare professional such as a GP or nurse practitioner in Australia. It serves as proof of an illness, injury, or other health-related concerns that prevent an individual from performing their regular responsibilities. A medical certificate can be utilised for various kinds of leave, such as absence from work, school, university, or caregiving responsibilities.

• A medical certificate is authorised by a GP or nurse practitioner registered with AHPRA
• It confirms absence from employment, education, or caregiving tasks
• It includes sick leave (for when the employee is unwell) and carer’s leave (for when providing care for a family or household member)
• It can also be granted for stress leave, which may qualify for paid leave if mental health issues prevent the employee from working
• May be subject to specific regulations under state legislation, workplace agreements, and employer human resources policies

Online vs. in-person medical certificates

Factor	Online medical certificates	In-Person medical certificates
Validity	Legally valid under the Fair Work Act 2009 if issued by an AHPRA-registered doctor or nurse practitioner	Legally valid under the Fair Work Act 2009 when issued by a registered doctor
Cost	Usually low cost; some services may be bulk billed via Medicare	Standard consultation fees may be bulk billed, depending on the clinic
Convenience	Can be obtained from home, suitable for remote areas, mobility issues, or when unwell	Requires travel, waiting times, and in-person attendance
Speed	Often delivered within minutes or hours by email	Depends on appointment availability and clinic wait times

In Australia, online medical certificates are legal and recognised by the majority of employers. When provided by a registered doctor or nurse, they offer a legitimate basis for sick leave, carer’s leave, or other forms of absence. Telehealth certificates provide a convenient, secure, and quick way for employees to acquire medical documentation without the need for an in-person visit to a clinic.

Importance of a sick certificate

A medical certificate is a vital legal document. It enables employees to access paid leave for illness or injury while providing employers with verified evidence of their absence. Employers have the option to obtain a medical certificate, either online or in person, to confirm the reasons for leave and estimate when the employee is likely to return to work. This requirement also applies to students, carers' leave, and other situations, protecting the rights of both employees and employers. 

Benefits of using online doctor’s certificate service

Online medical certificates provide patients with a convenient and efficient means to acquire healthcare documentation, while also maintaining legal recognition under Australian law. Key advantages are:

• Convenience: Patients can secure certificates from the comfort of their homes without the need to wait for an appointment or visit a clinic.
• Accessibility: These services are available to individuals in remote locations, those with mobility challenges, or anyone who cannot travel due to health issues.
• Rapid processing: Certificates are frequently provided within hours, ensuring a swift and dependable experience.
• Digital and secure: Documents are maintained online, minimising the chances of loss or misplacement.
• Legally recognised: Accepted under the Fair Work Act 2009 when issued by a doctor or nurse practitioner registered with AHPRA.

Why sick certificates matter in Australia

Medical certificates are significant as they act as a legal document, offering protection for both employees and employers. They provide confirmed documentation of illness, injury, or health-related conditions justifying an individual's absence from work, school, or caregiving activities.

• Legal assurance: Obligates both employer and employee under the Fair Work Act 2009
• Validation of illness or injury: Verifies that the employee is indeed unable to work or study
• Entitlement to paid leave: Enables employees to claim paid sick leave by presenting valid proof
• Broad applicability: Relevant not just for sick leave in the workplace, but also for carers’ leave, school and university attendance
• Authorised confirmation: Indicates the individual was evaluated by a qualified healthcare provider and diagnosed with a specific condition that necessitates rest or recovery
• Rights protection: Ensures that workers receive their rightful benefits while safeguarding employers against the abuse of sick leave

Who can provide an online doctor’s certificate? 

A dr certificate for work can be issued by any medical practitioner who is registered with AHPRA.  The doctor should use an Australian-based software platform that has strict data protocols and privacy protection to issue online medical certificates. 

Are online doctor certificates legal in Australia?

Yes, online medical certificates are legal in Australia provided they are issued using trustworthy providers by real Australian GPs or nurse practitioners. They should comply with the regulations and guidelines set by government bodies² for states such as online medical certificate QLD, online medical certificate NSW.

Legal regulations

In Australia, online medical certificates are legally recognised as long as they adhere to established medical protocols. These protocols outline employees' rights concerning personal and carers' leave and permit employers to request medical documentation for absences. Key points include:

• They must be provided by a doctor or nurse practitioner registered with AHPRA.
• Certificates should include the doctor's name, address, signature, patient's name, date of consultation, and the duration of leave.
• Certificates cannot be backdated and must be dated on the day they are issued.
• Digital signatures are acceptable if they align with the Australian Medical Association (AMA)³ standards.
• Some employers may still prefer a conventional certificate obtained in person, based on their workplace policies.
• Authorised online certificates play a crucial role in preventing fraud and confirming authenticity.

Important considerations for employers

Employers in Australia have the right to request medical certificates, but they must follow the rules set by the Fair Work Ombudsman⁴.

• Acceptance at face value: Employers must accept valid medical certificates, including those issued online, and should not contact the doctor unless genuine clarification is required.
• Payment for sick leave: A valid certificate entitles an employee to paid sick leave, even if the reason for illness or injury is not specified.
• Fair Work Ombudsman guidance: Certificates are legally recognised evidence of sick or carer’s leave when issued by an AHPRA-registered doctor or nurse practitioner, in person or via telehealth.
• Legal obligations: Employers who ignore valid certificates or fail to follow HR policies registered with the Fair Work Commission may face penalties and legal consequences.
• Workplace compliance: Online certificates are widely accepted across Australia; however, employers must ensure their policies align with national workplace regulations.

When can an employer request a medical certificate?

According to Australian workplace regulations, employers are typically entitled to request a medical certificate for absences longer than three days due to illness or injury. However, there are specific instances where such requests may be warranted, including:

• The employee has been absent for more than two weeks over the course of 12 months. (Note that these thresholds may vary based on the workplace agreement or company policy.)
• A noticeable trend of absenteeism has been identified.
• The employee is on sick leave for a serious illness or injury.
• The employer seeks confirmation on the anticipated date for returning to work.
• The employee's absence is causing significant disruption to the workplace.

What does an online doctor certificate include?

  A medical certificate can be obtained from an online doctor. The doctor will use a software platform to issue a medical certificate after having a virtual doctor's appointment with the patient or after reviewing the patient's information provided via a questionnaire. Any online medical certificate should contain the following information:

• Patient Information: Patient’s name along with initials, date of birth or age, and address.
• Doctor's Information: Full name of the attending doctor or nurse, medical registration number or provider number, and contact details of the healthcare provider or platform.
• Date of Consultation.
• Dates and duration of illness or incapacity.
• Diagnosis if necessary
• Medical practitioner's signature and stamp (for proof of authenticity and verification)

How do I get my medical certificate online in Australia?

You can get a medical certificate online at Hola Health. Fill in your details along with a questionnaire, and proceed with the payment. The online doctor will review and approve your request within 15 minutes. Once approved, it will be sent to you via email. Online sick certificates offer a legal and convenient option for individuals requiring documentation of their illness or injury in Australia. By leveraging telehealth services and adhering to regulatory guidelines, patients can obtain valid doctor’s certificates from registered healthcare professionals through online consultations.  

FAQs

Are employers obligated to accept online medical certificates?

Yes. In Australia, employers must accept online medical certificates if they are issued by a doctor or nurse practitioner registered with AHPRA. Such certificates are recognised under the Fair Work Act 2009, just like those provided in person. Although employers are allowed to request evidence of illness or injury, they cannot dismiss a legitimate certificate solely because it was obtained through telehealth.

Can medical certificates be backdated?

No. Medical guidelines prohibit backdating medical certificates. A valid certificate should be dated on the day of the consultation to ensure both accuracy and compliance with professional standards.

What is the duration covered by an online medical certificate?

The length of time an online medical certificate covers varies based on the patient's condition. It can be for a single day or extend for multiple days if needed, and can also be issued for carer's leave when an employee must care for a sick family or household member.

Is stress leave included under online medical certificates?

Yes. Stress and other mental health issues are legitimate grounds for taking leave in Australia. An employee who is unable to work due to stress may be eligible for paid sick leave if they submit a medical certificate from a qualified healthcare professional.

How are the privacy and security of online medical certificates handled?

Privacy is a significant concern; however, online medical certificates are issued and stored securely in compliance with Australian healthcare privacy laws. Patient information is safeguarded under stringent regulations, and certificates are only accessible to the individual and authorised parties, such as their employer.

Are online medical certificates bulk-billed in Australia?

While certain telehealth services such as online prescriptions or mental health care plans are bulk billed, medical certificates are provided for a small fee. Whether a certificate is bulk billed is contingent on the service, the practitioner, and the patient’s Medicare eligibility.

How quickly can I receive an online medical certificate?

Typically, an online medical certificate can be issued within minutes following a telehealth consultation. Many services send the certificate digitally via email, making it quicker than a visit to a clinic in person. Certain platforms even offer same-day or 24/7 access for urgent requests.

Is stress leave acknowledged in online medical certificates?

Yes, employers in Australia consider stress leave as a valid type of sick leave when employees provide a medical certificate. If a registered healthcare professional determines that stress or another mental health issue makes an employee unfit for work, they can issue an online certificate. This certificate is valid and accepted under the Fair Work Act 2009.