Commonwealth Consolidated Acts

PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1948 - SECT 15A

When section applies

  (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

  (2)   The Trust may determine that the person's resignation or failure to be such a candidate is to be treated as an invalidity retirement if:

  (a)   a written application is made by or on behalf of the person for such a determination; and

  (b)   the Trust is satisfied that the person is unlikely, because of physical or mental impairment, ever to be able to perform the duties of a member again.

The determination must specify the physical or mental impairment or impairments concerned.

Application to be accompanied by medical certificates

  (3)   The application must be accompanied by:

  (a)   such additional information (if any) as the Trust requires; and

  (b)   a certificate given by a medical practitioner nominated by the Trust; and

  (c)   a certificate given by a medical practitioner nominated by or on behalf of the person; and

  (d)   such additional documents (if any) as the Trust requires.

Medical certificates--contents

  (4)   Each certificate must include:

  (a)   a statement to the effect that, in the opinion of the medical practitioner concerned, the person is unlikely, because of physical or mental impairment, ever to be able to perform the duties of a member again; and

  (b)   a statement setting out the medical practitioner's opinion about the percentage of the person's incapacity in relation to non - parliamentary employment.

Consultation about nominated medical practitioner

  (5)   The Trust must consult a Senior Commonwealth Medical Officer about the identity of a medical practitioner nominated under paragraph   (3)(b).

Trust to notify applicant of decision

  (6)   If the Trust makes a decision refusing an application under subsection   (2), the Trust must give the applicant a written notice of the refusal.