Document ID: chunk:federal_register_of_legislation:C2004A04769:body:0:p10
Version: federal_register_of_legislation:C2004A04769
Segment Type: other
Provision Reference: 
Character Range: 24464–27255

invalid
Less than 30%                  Class 3 invalid

Trust to notify person of classification

"(4) If the Trust makes a decision under this section, it must give the person a written notice setting out the decision.

Review of invalidity classification

Persons to whom section applies

"15C.(1) This section applies to a person if the person is entitled to a retiring allowance under paragraph 18(2AA)(c) or (d).

Review of invalidity classification

"(2) The Trust may, from time to time, review the person's current classification as a class 1 invalid or a class 2 invalid, as the case may be.

How review is initiated

  "(3) The Trust may review the person's classification:

  (a) on its own initiative; or

  (b) if it is requested to do so by or on behalf of the person.

Request for review

  "(4) A request under paragraph (3)(b) must:

  (a) be in writing; and

  (b) be accompanied by:

        (i) a written submission in support of the request; and

        (ii) a certificate given by a medical practitioner nominated by or on behalf of the person.

Medical certificate in support of request for review

"(5) The certificate mentioned in subsection (4) must set out the medical practitioner's opinion about the percentage of the person's incapacity in relation to non-parliamentary employment.

Notification of refusal of request for review

"(6) If the Trust makes a decision refusing a request under paragraph (3)(b), the Trust must give the person a written notice of the refusal.

Trust may request attendance at a medical examination

"(7) For the purposes of the review, the Trust may, by written notice given to the person, request the person:

     (a) to submit himself or herself for medical examination by a specified medical practitioner at a time and place specified in the notice; or

     (b) to give to the Trust, within the period specified in the notice, specified information that is relevant to the review; or

     (c) to produce to the Trust, within the period specified in the notice, specified documents that are relevant to the review.

Multiple notices

"(8) The Trust may give 2 or more notices under subsection (7) in relation to the review.

Senior Commonwealth Medical Officer to be consulted about medical practitioners

"(9) The Trust must consult a Senior Commonwealth Medical Officer about the identity of a medical practitioner specified in a notice under subsection (7).

Consequences of failure to attend medical examination, to give information or to produce documents

"(10) If the person fails to comply with a notice under subsection (7), the Trust may, by written notice given to the person, suspend the person's retiring allowance with effect from a specified date. The date must not be earlier than the day on which the notice