Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p23
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 23/83)
Character Range: 458919–461879

permanently incapacitated to an Assessment Panel for further consideration and recommendation within a period set by CSC and must consider the recommendation of that Assessment Panel when making its decision.
10.7.4 If a recommendation of an Assessment Panel indicates that a program of rehabilitation may prevent a member's total and permanent incapacity, CSC may:
         (a) consult with Comcare or the Military Rehabilitation and Compensation Commission, or other appropriate body, with a view to implementing such a program; and
         (b) arrange for, and meet the cost of, that program if it considers that the program would be cost‑effective in reducing the likelihood of the member's invalidity retirement.
10.7.5 CSC must decide whether or not to approve the invalidity retirement of a member, other than a member already entitled to invalidity benefits under Rule 10.7.1.  When making its decision CSC must consider:
         (a) the recommendation, or recommendations, of the Assessment Panel; and
         (b) if a program of rehabilitation was put in place under Rule 10.7.4, the effectiveness of the program; and
(c) the practicality of either:
             (i) the member's employer providing a job the member would be reasonably qualified for, or reasonably could be qualified for after retraining; and/or
             (ii) the member obtaining such a job with another employer; and
         (d) where the member is on compensation leave (or is suffering from a compensable condition) resulting from an injury or disease within the meaning of the Safety, Rehabilitation and Compensation Act 1988, the assessment of the member's medical condition by Comcare or other appropriate body; or
         (e) where the member is on compensation leave (or is suffering from a compensable condition) resulting from:
         (i) a service injury or disease within the meaning of the Military Rehabilitation and Compensation Act 2004; or
         (ii) an injury or disease within the meaning of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988,
any views of the Military Rehabilitation and Compensation Commission that are provided to CSC regarding the member's medical condition.

Deferral of decisions
10.7.6 CSC may defer a decision whether or not to approve the invalidity retirement of a member after it has considered the matters in Rule 10.7.5.

Decision to be advised to member and employer
10.7.7 CSC must advise its decision under Rule 10.7.1 or 10.7.5 to the member and his/her employer. The advice is to include a statement of the reasons for the decision and a copy of the recommendation made by the Assessment Panel, if any.

Division 8

Clear entitlement to invalidity benefits
10.8.1 Where a request to pay a preserved benefit on invalidity grounds under Rule 8.1.1 has been received, CSC may approve the payment if, after considering:
         (a) the report or reports of one or more medical practitioners