Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p33
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 33/38)
Character Range: 100050–102808

has not reached his or her maximum retirement age is not, after the commencement of this section, capable of being retired from the employment or office by virtue of which he or she is an eligible employee on the ground that, because of any mental or physical condition, the eligible employee is unable to perform his or her duties, unless the Board has certified in writing that, if the eligible employee is so retired, he or she will be entitled to receive benefits under Division of Part V.

"(2) The Board must not give a certificate in respect of an eligible employee under subsection (1) unless the Board has approved the retirement of the eligible employee on the ground of invalidity in accordance with this Part.

"(3) In subsection (1), a reference to an eligible employee being retired from employment or office includes a reference to the services of the eligible employee being otherwise terminated.

"Division 3—Assessment process

Interpretation

"54d. In this Division:

'retirement' means retirement on the ground of invalidity.

Request for approval of retirement

"54e. A request to the Board for the approval of the retirement of an eligible employee:

(a) may be made by:

     (i) the eligible employee; or

     (ii) the person or body by which the eligible employee is employed; or

    (iii) any other person authorised under the regulations; and

    (b) if the regulations make provision as to the manner in which the request is to be made—must be made in accordance with the regulations.

Assessment panel

"54f. (1) Subject to subsection 54h (1), the Board must appoint a panel consisting of such number of persons as the Board determines to assist it in reaching a decision whether or not to approve the retirement of an eligible employee.

"(2) The members of the panel must be persons with expertise in the assessment of invalidity claims for the purposes of superannuation.

"(3) The Board:

    (a) may require the eligible employee to undergo such medical examinations as it considers necessary and to provide such information as the members of the panel require; and

    (b) must make available to the members of the panel any medical or other evidence that it has concerning the eligible employee and that is relevant to his or her proposed retirement.

"(4) The members of the panel must, within the period applicable under subsection (5), make recommendations in writing to the Board, giving reasons for their recommendations:

(a) on the question whether the eligible employee is totally and permanently incapacitated; and

(b) on any other matter that the panel considers relevant or the Board may require.

"(5) Recommendations under subsection (4) are to be made in relation to an eligible employee not later than