Document ID: chunk:federal_register_of_legislation:C2004A04769:body:0:p8
Version: federal_register_of_legislation:C2004A04769
Segment Type: other
Provision Reference: 
Character Range: 19354–22034

percentage of a person's incapacity in relation to non-parliamentary employment, the Trust or a medical practitioner, as the case may be, must have regard to all relevant matters, including, but not limited to, the following:

     (a) the vocational, trade and professional skills, qualifications and experience of the person;

     (b) the kinds of non-parliamentary employment which a person with the skills, qualifications and experience referred to in paragraph (a) might reasonably undertake;

     (c) the degree to which any physical or mental impairment of the person has diminished his or her capacity to undertake the kinds of non-parliamentary employment referred to in paragraph (b);

  (d) the income (if any) derived by the person from personal exertion.".

Insertion of new sections

15. After section 15 of the Principal Act the following sections are inserted:

Invalidity retirement

When section applies

  "15A.(1) This section applies to a person who:

     (a) ceases to be a member because of his or her having resigned his or her place before the expiration of his or her term of office; or

     (b) ceases to be a senator upon the expiration of the term of office of a class of senators or the dissolution of the Senate and is not, at the time of an election to fill places in the Senate that became vacant when his or her place becomes vacant:

        (i) a candidate for election as a senator; or

        (ii) if elections of members of the House of Representatives are held, or an election of a member of the House of Representatives is held, at the same time as such a Senate election—a candidate for election either as a senator or as a member of the House of Representatives; or

     (c) ceases to be a member of the House of Representatives upon the dissolution or expiration of that House and is not, at the time of the next ensuing elections for the House of Representatives:

        (i) a candidate for election to that House; or

        (ii) if elections of senators are held, or an election of a senator is held, at the same time as those elections for that House—a candidate for election either as a senator or as a member of the House of Representatives; or

     (d) ceases to be a senator because of the election of a successor under section 15 of the Constitution and is not, at the time of the election at which his or her successor is elected:

        (i) a candidate for election as a senator; or

        (ii) if his or her successor is elected at a general election of members of the House of Representatives—a candidate for election either as a senator or as a member of the House of Representatives.

Invalidity retirement