Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:15:p6
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 15 (pt 6/15)
Character Range: 530290–533075

laws of Australia.

ARTICLE 13

Medical Examinations

1. For the purposes of assessing a person's degree of disability or the person's ability to work where this is relevant for a claim for a benefit or for continued payment of a benefit, the Competent Institution of a Party shall apply the legislation of that Party.

2. To assist in the assessment referred to in paragraph 1, the Competent Institution of the Party in whose territory the person resides shall, at the request of the Competent Institution of the other Party forward to the latter free of charge any existing relevant medical reports and documents that it may have available.

3. In the case that the Competent Institution in Australia deems it necessary that additional medical examinations be undertaken in Chile, which is exclusively in Australia's interest, these will be financed and repaid by that institution.

4. On the other hand, if the Chilean Competent Institution deems it necessary that additional medical examinations intended for its sole use be performed in Australia, they shall be financed in accordance with Chilean laws. When the examinations relate to workers affiliated with the Sistema de Capitalización Individual, the Chilean Competent Institution shall reimburse the full cost of the examinations to the Australian Competent Institution and shall charge the interested person for the percentage for which he or she is responsible. Nevertheless, the Chilean Competent Institution may deduct the cost for which the interested person is responsible from any pensions owed, or from the balance in the person's individual capitalization account.

5. If the new examinations are requested in connection with an appeal filed against a disability decision issued in Chile, the cost of these examinations shall be financed in the manner described in the preceding paragraph; however, if the appeal has been filed by a Chilean Competent Institution or insurance company such costs shall be financed by the appellant.

PART IV

AUSTRALIAN BENEFITS

ARTICLE 14

Residence or presence in the Republic of Chile or a Third State

Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except for not being an Australian resident and in Australia on the day on which the claim is lodged, but:

(a) is an Australian resident or a resident of the Republic of Chile or a third State with which Australia has concluded an agreement on social security which includes provision for co‑operation in the assessment and determination of claims for benefits and which includes that category of benefit; and

(b) is in Australia, or the territory of the Republic of Chile or that third State,

that person, so long as he or she has been an Australian resident