Document ID: chunk:federal_register_of_legislation:C2024C00465:section:35:p1
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 35 (pt 1/3)
Character Range: 88990–91514

35  Power of CSC to require persons to be medically examined etc.
 (1) CSC may, by notice in writing given to a recipient member in receipt of invalidity pay require him:
 (a) to submit himself for medical examination by a legally qualified medical practitioner at a time and place specified in the notice; or
 (b) to furnish in writing to CSC, within such period as is specified in the notice, such information as is required by the notice with respect to any employment (whether as an employee or on his own account) in which he has been engaged during such period as is specified in the notice.
 (2) A notice under subsection (1) shall set out the effect of subsection (3).
 (3) Where a recipient member fails to comply with a notice given under subsection (1) and CSC is not satisfied that there was a reasonable excuse for the failure, CSC may, by notice in writing given to the member, suspend the member's invalidity pay with effect from such day as CSC determines, being a day not earlier than:
 (a) in a case where the first‑mentioned notice required the member to submit to a medical examination on a day specified in the notice—the day next following that day; or
 (b) in a case where the first‑mentioned notice required the member to furnish information within a period specified in the notice—the day next following the end of that period.
 (4) A notice to a person under subsection (3) shall set out the effect of subsections (5B), (5D) and (5E).
 (5) Invalidity pay is not payable in respect of a period during which a suspension under subsection (3) is in force.
 (5A) Where:
 (a) the invalidity pay of a recipient member is suspended under subsection (3); and
 (b) CSC, having regard to such matters as it considers relevant, is of the opinion that the suspension should be revoked;
CSC may, by notice in writing given to the member or to the member and a person acting on the member's behalf, as the case may be, revoke the suspension with effect from such day as CSC determines, being a day not later than the day on which the notice is given.
 (5B) Without limiting subsection (5A), where the invalidity pay of a recipient member is suspended under subsection (3), the member, or another person acting on the member's behalf, may, by notice in writing given to CSC, request CSC to revoke the suspension, and where such a request is made, CSC shall, by notice in writing given to the member or to the member and the other person, as the case may be:
 (a) if the invalidity pay has been suspended by virtue