Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:55:p22
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 55 (pt 22/83)
Character Range: 456300–459192

CSC has to decide whether to regard a former member as having ceased membership on invalidity retirement under Rule 8.5.2, whether the former member was totally and permanently incapacitated on his/her last day of membership; and
         (d) on any other matters the panel considers relevant or CSC requires.
10.6.5 An Assessment Panel may seek advice from any medical practitioner or specialist in connection with any case referred to it by CSC.
10.6.6 An Assessment Panel is to provide its recommendation to CSC within two years, or such further period as CSC determines, of:
         (a) in the case of a member on sick leave with or without pay, the date the member commenced sick leave because of the condition which is the basis of the request to CSC to approve his/her invalidity retirement; or
         (b) in the case of a member on compensation leave, the date CSC was asked to approve his/her invalidity retirement; or
         (c) in the case of a person seeking payment of a preserved benefit or an associate preserved benefit on invalidity grounds, the date CSC was asked to approve the payment; or
         (d) in the case of a former member applying to be regarded as having ceased membership on invalidity retirement for the purposes of Rule 8.5.2, the date the member's application was received;

Division 7

Clear entitlement to invalidity benefits
10.7.1 Following receipt of a request to approve the retirement of  a member on invalidity grounds, CSC may approve his/her invalidity retirement if, after considering:
         (a) the report or reports of one or more medical practitioners submitted with the request; and
         (b) any other matters CSC considers relevant;

it is satisfied there is no reasonable doubt the member is totally and permanently incapacitated.

Reasonable doubt regarding entitlement to invalidity benefits
10.7.2 If CSC considers there is reasonable doubt that the member is totally and permanently incapacitated, CSC must:
         (a) require the member to undergo a medical examination by a Commonwealth Medical Officer or other approved medical practitioner within six months, or other period specified by CSC, of him/her last commencing related sick leave or compensation leave before the request to approve the retirement was submitted; and
         (b) refer the issue whether the member is totally and permanently incapacitated and the report of the medical examination to an Assessment Panel;

before deciding a request to approve the retirement of the member on invalidity grounds.

10.7.3 CSC may again refer the issue whether the member is totally and 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