Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p4
Version: federal_register_of_legislation:C2004A04478
Segment Type: other
Provision Reference: 
Character Range: 7746–10593

paragraph (1)(h) the following paragraph:

      "(ha) functions mentioned in section 139; and";

  (c) by inserting after paragraph (1)(i) the following paragraph:

      "(ia) functions mentioned in section 141; and".

Eligible employee not to be retired on ground of invalidity without certificate from Board

11. Section 54C of the Principal Act is amended by omitting from subsection (1) "maximum retirement age" and substituting "maximum retiring age".

Board to decide whether to approve retirement

  12. Section 54H of the Principal Act is amended:

    (a)     by adding at the end of subsection (2) "unless it defers its decision under subsection (2A)";

  (b)    by inserting after subsection (2) the following subsections:

     "(2A) If, after taking the steps mentioned in paragraphs (2)(a) and (b), the Board thinks that it should allow further time within which to make a decision whether or not to approve the retirement of an eligible employee, the Board may:

         (a)     defer making such a decision until such time as appears to it to be appropriate; and

         (b)     if it appears to it to be desirable in the circumstances, before making a decision again have the matter considered by a panel mentioned in section 54F.

     "(2B) Where the Board wants to have the matter considered again by a panel mentioned in section 54F, that section, other

     than subsection (5), applies, subject to subsection (2C), in relation to the matter in the same way as it applied in relation to the initial consideration of the matter by such a panel.

     "(2C) In the application of section 54F as mentioned in subsection (2B), subsection 54F(4) applies as if the period within which the members of the panel are required to make recommendations in writing to the Board were such period as is specified by the Board in the particular case.

     "(2D) If the matter is again considered by a panel of persons, the Board is to take the recommendations of the panel into consideration before making its decision.".

13. After section 54J of the Principal Act, the following section is inserted in Division 3 of Part IVA:

Other provisions relating to invalidity assessment

  "54JA.(1) Where the Board:

    (a)     for the purposes of subsection 7(2) gives consideration to whether a person was, because of physical or mental incapacity, totally and permanently incapacitated within the meaning of Part IVA; or

    (b)     for the purposes of a provision of section 122 gives consideration to whether a person would have ceased to be an eligible employee because of retirement on the ground of invalidity; or

    (c)     for the purposes of a provision of section 139 gives consideration to whether a person has become totally and permanently incapacitated within the meaning of Part IVA; or

    (d)     for the purposes of