Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p34
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 34/38)
Character Range: 102560–105321

employee is totally and permanently incapacitated; and

(b) on any other matter that the panel considers relevant or the Board may require.

"(5) Recommendations under subsection (4) are to be made in relation to an eligible employee not later than 2 years after:

    (a) if the eligible employee is on sick leave as a result of the condition in relation to which the request was made to the Board to approve his or her retirement—the commencement of that sick leave; or

    (b) if the eligible employee is on compensation leave as a result of that condition—the day on which the request was made to the Board.

Board to seek recommendations of Comcare

"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), 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

"54h. (1) If, after considering:

    (a) any medical report submitted with the request to approve the retirement of an eligible employee; and

   (b) any other matter that it considers relevant;

the Board is satisfied that, because of his or her mental or physical condition, the eligible employee is totally and permanently incapacitated, the Board may decide to approve the retirement of the eligible employee without appointing a panel of persons under subsection 54f (1) or seeking the recommendations of Comcare under section 54g.

"(2) If subsection (1) does not apply, the Board, after:

    (a) taking into consideration the recommendations made to the Board under subsection 54f (4) and section 54g; and

    (b) ascertaining whether it is practicable for the eligible employee to find employment, or to be appointed to an office, for which he or she is reasonably qualified by education, training or experience or could become reasonably qualified after retraining;

must decide whether or not to approve the retirement of the eligible employee.

"(3) A decision of the Board to approve or not to approve the retirement of an eligible employee must be in writing.

Eligible employee etc. to be informed of decision of Board

"54j. The Board must send a copy of its decision to approve or not to approve the retirement of an eligible employee to:

    (a) the eligible employee; and

    (b) the person or body by whom the eligible employee is employed; together with:

    (c) a written statement of the reasons for the decision; and

    (d) if a panel was appointed under subsection 54f (1) to assist the Board in making its