Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p8
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 20333–23238

or

        (b)     the termination (otherwise than by child-birth) of a pregnancy of the person; or

      (c)     the adoption of a child by the person;

     is taken, for the purposes of this section, not to be absent during that period on leave of absence without pay.".

(2) A direction given by the Minister for the purposes of subsection 51 (1) of the Principal Act that was in force immediately before the commencement of this section is taken, after that commencement, to have been made by the Commonwealth Superannuation Board of Trustees No. 2 for the purposes of subsection 51 (1) of the Principal Act as amended by this Act.

Interpretation

17. Section 54d of the Principal Act is amended by inserting the following definitions:

" 'administering authority' has the same meaning as in the Commonwealth Employees' Rehabilitation and Compensation Act 1988;

'employee', in relation to an administering authority, means a person who under the Commonwealth Employees' Rehabilitation and Compensation Act 1988 is an employee of the administering authority;".

18. Section 54g of the Principal Act is repealed and the following section is substituted:

Board to seek recommendations

"54g. If the request to the Board was made in relation to a condition in respect of which the eligible employee is entitled to receive compensation under the Commonwealth Employees' Rehabilitation and Compensation Act 1988, the Board must, subject to subsection 54h (1):

     (a)     if the eligible employee is an employee of an administering authority—also ascertain whether or not the administering authority recommends that the eligible employee be retired because he or she is totally and permanently incapacitated; or

     (b)     if the eligible employee is not an employee of an administering authority—also ascertain whether or not Comcare recommends that the eligible employee be retired because he or she is totally and permanently incapacitated.".

Board to decide whether to approve retirement

19. Section 54h of the Principal Act is amended by inserting in subsection (1) "or an administering authority, as the case may be," after "Comcare".

Determination of requests, payments and rehabilitation programs to be in accordance with the Rules for the administration of the Superannuation (1990) Scheme

20. Section 54k of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

      "(aa) any reference in those Divisions to an approved medical practitioner were a reference to an approved medical practitioner within the meaning of this Act; and".

Repeal of Division

  21. (1) Division 5 of Part IVa of the Principal Act is repealed.

(2)     A person who, immediately before the commencement of this section, was entitled to make an application under a provision of Division 5 of Part IVa of the Principal Act for reconsideration of a decision may, after that