Commonwealth Consolidated Acts

AUSTRALIAN DEFENCE FORCE COVER ACT 2015 - SECT 18

Mandatory determinations

  (1)   At each time described in paragraph   (2)(a), (b) or (c), CSC must, unless subsection   (2A) applies, determine the percentage of a person's incapacity for civil employment at that time if the person is at that time:

  (a)   a covered ADF member who is about to be medically discharged while under 60; or

  (b)   an invalid.

Note:   When CSC makes a determination:

(a)   section   19 (which deals with substantive classification) may require CSC to classify the person as class A, class B or class C, depending on the determination; or

(b)   section   20 (which deals with interim classification) may permit or require CSC to classify the person as class B if the percentage determined is at least 30% but CSC needs more information to determine whether the percentage is at least 60%.

  (2)   The times for making a determination are as follows:

  (a)   a single time before, or as soon as reasonably practicable after, the person's medical discharge;

  (b)   if CSC has classified the person as class A or class B under section   19--a single time 12 to 36 months after the first such classification;

  (c)   if CSC has classified the person as class B under section   20--a single time within 3 months after the last such classification;

  (d)   if CSC may classify the person as class B under subsection   20(2) but chooses not to do so--the first time after making the choice at which it is reasonably practicable to make a determination with more information about the percentage of the person's incapacity.

Determinations if section   31A applies

  (2A)   If section   31A applies to a person, CSC must, as soon as reasonably practicable after the time CSC becomes satisfied as mentioned in paragraph   31A(b) in relation to the person, determine what was the percentage of the person's incapacity for civil employment at the time of the person's medical discharge.

Note:   Under section   31A, a person is taken in certain circumstances to have been medically discharged even though he or she ceased to be a covered ADF member for a different reason.

  (2B)   If, because of the determination under subsection   (2A), CSC classifies the person as class A or class B under section   19, CSC may, at the time it makes that determination, also determine what was the percentage of the person's incapacity for civil employment at any time or times that occurred after the person's medical discharge.

Note:   For determining the person's incapacity at a time occurring after CSC makes the determination under subsection   (2A), see subsection   (4).

Determinations not required if pension not payable because of Subdivision C

  (3)   Despite subsections   (1) to (2B), CSC is not required to make a determination at a time if CSC is satisfied then that invalidity pension is not payable for the person's incapacity because of Subdivision C.

Discretionary determination after substantive classification

  (4)   At any time after CSC first classified a person as class A or class B under section   19, CSC may determine the percentage of a person's incapacity for civil employment at that time.

Note:   If CSC does so, that section requires CSC to classify the person depending on the new percentage determined, so the person may be classified differently.

Considerations in making determination

  (5)   In determining under this section the percentage of a person's incapacity for civil employment, CSC must have regard to only:

  (a)   his or her vocational, trade and professional skills, qualifications and experience; and

  (b)   the kinds of civil employment that a person with those skills, qualifications and experience might reasonably undertake; and

  (c)   the degree to which the physical or mental impairment that is the basis of his or her medical discharge has diminished his or her capacity to undertake those kinds of civil employment; and

  (d)   if the determination is the second or later determination of that percentage--his or her experience and civil employment history since the last determination of that percentage.

Death of person does not prevent determination

  (6)   The death of an invalid does not prevent CSC from later determining the percentage of his or her incapacity for civil employment immediately before he or she died.

Note:   CSC may delegate its powers under this Subdivision to an Incapacity Classification Committee established under the Trust Deed made under the Military Superannuation and Benefits Act 1991 : see section   36 of the Governance of Australian Government Superannuation Schemes Act 2011 . If a delegate exercises those powers, CSC is taken to have done so: see section   59.