Commonwealth Consolidated Acts Commonwealth Consolidated ActsPersons to whom section applies
(1) This section applies to a person if the person is entitled to a retiring allowance under paragraph 18(2AA)(c) or (d).
Review of invalidity classification
(2) The Trust may, from time to time, review the person's current classification as a class 1 invalid or a class 2 invalid, as the case may be.
How review is initiated
(3) The Trust may review the person's classification:
(a) on its own initiative; or
(b) if it is requested to do so by or on behalf of the person.
Request for review
(4) A request under paragraph (3)(b) must:
(a) be in writing; and
(b) be accompanied by:
(i) a written submission in support of the request; and
(ii) a certificate given by a medical practitioner nominated by or on behalf of the person.
Medical certificate in support of request for review
(5) The certificate mentioned in subsection (4) must set out the medical practitioner's opinion about the percentage of the person's incapacity in relation to non - parliamentary employment.
Notification of refusal of request for review
(6) If the Trust makes a decision refusing a request under paragraph (3)(b), the Trust must give the person a written notice of the refusal.
Trust may request attendance at a medical examination
(7) For the purposes of the review, the Trust may, by written notice given to the person, request the person:
(a) to submit himself or herself for medical examination by a specified medical practitioner at a time and place specified in the notice; or
(b) to give to the Trust, within the period specified in the notice, specified information that is relevant to the review; or
(c) to produce to the Trust, within the period specified in the notice, specified documents that are relevant to the review.
Multiple notices
(8) The Trust may give 2 or more notices under subsection (7) in relation to the review.
Senior Commonwealth Medical Officer to be consulted about medical practitioners
(9) The Trust must consult a Senior Commonwealth Medical Officer about the identity of a medical practitioner specified in a notice under subsection (7).
Consequences of failure to attend medical examination, to give information or to produce documents
(10) If the person fails to comply with a notice under subsection (7), the Trust may, by written notice given to the person, suspend the person's retiring allowance with effect from a specified date. The date must not be earlier than the day on which the notice was given.
Reimbursement of reasonable expenses incurred in attending medical examination
(11) If:
(a) the person submits himself or herself for medical examination in accordance with a notice under subsection (7); and
(b) the person incurs, in respect of attendance at that examination, expenses in respect of:
(i) transport; or
(ii) accommodation; or
(iii) the purchase of food or drink; or
(iv) incidental matters;
the Trust may determine that the person is entitled to be paid by the Commonwealth an amount equal to so much of those expenses as the Trust considers reasonable. The Consolidated Revenue Fund is appropriated for the purposes of this subsection.
Decision on review
(12) For the purposes of the review, the Trust must make a decision:
(a) confirming the person's classification; or
(b) if the person is a class 1 invalid--re - classifying the person as a class 2 invalid or as a class 3 invalid; or
(c) if the person is a class 2 invalid--re - classifying the person as a class 1 invalid or as a class 3 invalid.
The re - classification must be in accordance with the classification table set out in section 15B according to the percentage of the person's incapacity in relation to non - parliamentary employment.
Decision on review to be made on the basis of the original physical or mental impairment
(13) In determining, for the purposes of this section, the percentage of the person's incapacity in relation to non - parliamentary employment, the Trust or a medical practitioner, as the case may be, is to ignore any physical or mental impairment of the person unless the impairment is of a kind that:
(a) was specified in the determination made under section 15A in relation to the person; or
(b) is related to an impairment of a kind that was specified in that determination.
When re - classification takes effect
(14) If the Trust decides to re - classify the person, the Trust must specify a date as the date on which the re - classification takes effect. The date must not be earlier than the date on which the decision was made.
Re - classification to be treated as a classification
(15) If the Trust decides to re - classify the person, the Trust is taken to have classified the person accordingly on the day on which the re - classification takes effect.
Notification of decision on review
(16) If the Trust makes a decision under subsection (12), the Trust must give the person a written notice setting out the decision.
Re - classification as a class 3 invalid--reduction of benefit
(17) If the Trust decides to re - classify the person as a class 3 invalid, the benefit payable to the person under paragraph 18(2AA)(e) is to be reduced (but not below 0) by the total of the payments of retiring allowance paid to the person under paragraph 18(2AA)(c) or (d) before the re - classification took effect.