Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_122:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 122 (pt 1/3)
Character Range: 474889–477325

122  Physical or mental incapacity of person to whom Part applies before declaration of result of election etc.
 (1) Where:
 (a) CSC is satisfied that, if a person to whom this Part applies had not terminated his or her employment, he or she would, at a time (in this subsection referred to as the relevant time) within the period that commenced on the day after the day of the termination and ended on the day of the declaration of the result of the election, have ceased to be an eligible employee by reason of retirement on the ground of invalidity; and
 (b) he or she was not a candidate at the election by reason of the physical or mental incapacity which would have been the ground for his or her retirement or was such a candidate but failed to be elected;
he or she shall be deemed not to have ceased, by reason of the termination of his or her employment, to be an eligible employee, but shall be deemed to have ceased, by reason of retirement on the ground of invalidity, to be an eligible employee at the relevant time.
 (2) Where:
 (a) a person to whom this Part applies and who was a candidate at the election, but failed to be elected, does not apply, within the period of 2 months after the day of the declaration of the result of the election, to become employed by the Commonwealth or by an approved authority, or to be appointed to a statutory office; and
 (b) CSC is satisfied that, if he or she had not terminated his or her employment, he or she would, at a time (in this subsection referred to as the relevant time) within that period, have ceased to be an eligible employee by reason of retirement on the ground of invalidity;
he or she shall be deemed not to have ceased, by reason of the termination of his or her employment, to be an eligible employee, but shall be deemed to have ceased, by reason of retirement on the ground of invalidity, to be an eligible employee at the relevant time.
 (3) Where:
 (a) a person to whom this Part applies, and who was a candidate at the election, but failed to be elected, applies, within the period of 2 months after the day of the declaration of the result of the election, to become employed by the Commonwealth or by an approved authority, or to be appointed to a statutory office; and
 (b) the application is granted but the employment or appointment is of such a kind that the person does not become an eligible employee by virtue of the employment or appointment or