Document ID: chunk:federal_register_of_legislation:C2024C00465:section:34:p1
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 34 (pt 1/2)
Character Range: 84370–87123

34  Reclassification in respect of incapacity
 (1) CSC may, from time to time, if it is satisfied that the percentage of incapacity in relation to civil employment of a recipient member in receipt of invalidity pay is such that the classification of the member should be altered, reclassify him in the appropriate classification set out in section 30 according to the percentage of his incapacity in relation to civil employment.
 (1AA) If, at a time when CSC is reviewing, but has not yet determined, for the purposes of subsection (1), the percentage of incapacity in relation to civil employment of a recipient member, the recipient member dies:
 (a) CSC must determine what was, immediately before the member's death, his or her percentage of incapacity in relation to civil employment; and
 (b) where CSC is satisfied, having regard to that percentage of incapacity, that, if the member had not died, the member would be reclassified and given a classification higher than that of the member at the time of his or her death, CSC must reclassify the member under subsection (1) according to that percentage of incapacity, as if the member had not died.
 (1A) In determining:
 (aa) what is the percentage of incapacity in relation to civil employment of a recipient member; or
 (aab) what was, immediately before his or her death, the percentage of incapacity in relation to civil employment of a recipient member who has died;
CSC shall have regard to the following matters only:
 (a) the vocational, trade and professional skills, qualifications and experience of the recipient member;
 (b) the kinds of civil employment which a person with skills, qualifications and experience referred to in paragraph (a) might reasonably undertake;
 (c) the degree to which any physical or mental impairment of the recipient member, being a prescribed physical or mental impairment, has or had diminished the capacity of the recipient member to undertake the kinds of civil employment referred to in paragraph (b);
 (d) such other matters (if any) as are prescribed for the purposes of this subsection.
 (1B) In subsection (1A), prescribed physical or mental impairment, in relation to a recipient member or a deceased member who was immediately before his or her death a recipient member, means:
 (a) a physical or mental impairment of the member that was the cause, or one of the causes, of the invalidity or physical or mental incapacity by reason of which the member was retired, whether or not that impairment changed, for better or worse, since that retirement; or
 (b) any other physical or mental impairment of the member causally connected with a physical or mental impairment referred to in paragraph (a).
 (2) Where a recipient member is reclassified