Document ID: chunk:federal_register_of_legislation:C2023C00402:section:18:p2
Version: federal_register_of_legislation:C2023C00402
Segment Type: section
Provision Reference: s 18 (pt 2/2)
Character Range: 32623–34791

person's incapacity at a time occurring after CSC makes the determination under subsection (2A), see subsection (4).

Determinations not required if pension not payable because of Subdivision C
 (3) Despite subsections (1) to (2B), CSC is not required to make a determination at a time if CSC is satisfied then that invalidity pension is not payable for the person's incapacity because of Subdivision C.

Discretionary determination after substantive classification
 (4) At any time after CSC first classified a person as class A or class B under section 19, CSC may determine the percentage of a person's incapacity for civil employment at that time.
Note: If CSC does so, that section requires CSC to classify the person depending on the new percentage determined, so the person may be classified differently.

Considerations in making determination
 (5) In determining under this section the percentage of a person's incapacity for civil employment, CSC must have regard to only:
 (a) his or her vocational, trade and professional skills, qualifications and experience; and
 (b) the kinds of civil employment that a person with those skills, qualifications and experience might reasonably undertake; and
 (c) the degree to which the physical or mental impairment that is the basis of his or her medical discharge has diminished his or her capacity to undertake those kinds of civil employment; and
 (d) if the determination is the second or later determination of that percentage—his or her experience and civil employment history since the last determination of that percentage.

Death of person does not prevent determination
 (6) The death of an invalid does not prevent CSC from later determining the percentage of his or her incapacity for civil employment immediately before he or she died.
Note: CSC may delegate its powers under this Subdivision to an Incapacity Classification Committee established under the Trust Deed made under the Military Superannuation and Benefits Act 1991: see section 36 of the Governance of Australian Government Superannuation Schemes Act 2011. If a delegate exercises those powers, CSC is taken to have done so: see section 59.