Document ID: chunk:federal_register_of_legislation:C2004A04478:body:0:p5
Version: federal_register_of_legislation:C2004A04478
Segment Type: other
Provision Reference: 
Character Range: 10345–13193

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 subsection 141(1) gives consideration to whether a person was rendered so incapacitated;

the following provisions of this section apply.

"(2) The Board, if it thinks it desirable in the particular case, may appoint a panel consisting of such number of persons as the Board determines to assist it in its consideration of a matter mentioned in subsection (1).

"(3) The members of the panel must be persons with expertise in the assessment of invalidity claims for the purposes of superannuation.

  "(4) The Board:

    (a)     may require the person to undergo such medical examinations as it considers necessary and to provide such information as the members of the panel require; and

    (b)    must make available to the members of the panel any medical or other evidence that it has concerning the person and that is relevant in the circumstances.

"(5) The members of the panel must, within such period as is specified by the Board, make recommendations in writing to the Board, giving reasons for their recommendations:

   (a)     on the matter under consideration by the Board; and

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

"(6) If the matter under consideration relates to a condition in respect of which the person is, or was, entitled to receive compensation under the Commonwealth Employees' Rehabilitation and Compensation Act 1988, the Board may ascertain, in relation to that matter, the views of any Commonwealth authority that, under that Act, is or has been, liable to pay compensation in respect of the person.

"(7) The fact that, in relation to a matter, the Board has previously under this section received the recommendations of a panel or ascertained the views of a Commonwealth authority does not prevent the Board, if it wishes to give the matter further consideration, from again appointing such a panel under this section or ascertaining those views.".

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

14. Section 54K of the Principal Act is amended by inserting after paragraph (b) the following paragraph:

      "(ba) the reference in paragraph 12.2.4(c) to a member were a reference to an eligible employee within the meaning of this Act; and".

Costs to be paid from Consolidated Revenue Fund

  15. Section 54ZA of the Principal Act is amended:

     (a)     by omitting from paragraph (a) "subsection 54F(1)" and substituting "subsection 54F(1) or 54JA(2)";

     (b)    by omitting paragraph (b)