Document ID: chunk:federal_register_of_legislation:C2004A04769:body:0:p9
Version: federal_register_of_legislation:C2004A04769
Segment Type: other
Provision Reference: 
Character Range: 21791–24730

a senator; or

        (ii) if his or her successor is elected at a general election of members of the House of Representatives—a candidate for election either as a senator or as a member of the House of Representatives.

Invalidity retirement

"(2) The Trust may determine that the person's resignation or failure to be such a candidate is to be treated as an invalidity retirement if:

     (a) a written application is made by or on behalf of the person for such a determination; and

     (b) the Trust is satisfied that the person is unlikely, because of physical or mental impairment, ever to be able to perform the duties of a member again.

The determination must specify the physical or mental impairment or impairments concerned.

Application to be accompanied by medical certificates

  "(3) The application must be accompanied by:

  (a) such additional information (if any) as the Trust requires; and

     (b) a certificate given by a medical practitioner nominated by the Trust; and

     (c) a certificate given by a medical practitioner nominated by or on behalf of the person; and

  (d) such additional documents (if any) as the Trust requires.

Medical certificates—contents

  "(4) Each certificate must include:

     (a) a statement to the effect that, in the opinion of the medical practitioner concerned, the person is unlikely, because of physical or mental impairment, ever to be able to perform the duties of a member again; and

     (b) a statement setting out the medical practitioner's opinion about the percentage of the person's incapacity in relation to non-parliamentary employment.

Consultation about nominated medical practitioner

"(5) The Trust must consult a Senior Commonwealth Medical Officer about the identity of a medical practitioner nominated under paragraph (3)(b).

Trust to notify applicant of decision

"(6) If the Trust makes a decision refusing an application under subsection (2), the Trust must give the applicant a written notice of the refusal.

Invalidity classification

When section applies

"15B.(1) This section applies if the Trust determines under subsection 15A(2) that a person's resignation or failure to be a candidate, as the case may be, is to be treated as an invalidity retirement.

Trust to determine percentage of incapacity

"(2) The Trust must determine the percentage of the person's incapacity in relation to non-parliamentary employment.

Trust to classify person

"(3) The Trust must also classify the person in accordance with the following table:

TABLE
% of incapacity                Classification
60% or more                    Class 1 invalid
30% or more but less than 60%  Class 2 invalid
Less than 30%                  Class 3 invalid

Trust to notify person of classification

"(4) If the Trust makes a decision under this section, it must give the person a written notice setting out the decision.

Review of invalidity classification

Persons