Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"benefit event" , in relation to a person who is an eligible employee, means:
(a) the person's death; or
(b) the person ceasing to be an eligible employee because of retirement on the ground of invalidity; or
(c) the annual rate of salary of the person decreasing under such circumstances that CSC is satisfied that the decrease can properly be attributed to physical or mental incapacity.
"condition" means a physical or mental condition.
"examination" means a medical examination.
(2) Subsections (3) to (9), inclusive, apply where, as at the time of a benefit event in relation to a person who is an eligible employee:
(a) the person has undergone no examination under subsection 16(2); or
(b) the person has undergone such an examination, or 2 or more such examinations, but CSC has not yet decided that the person should not be required under subsection 16(2) to undergo a further examination; or
(c) CSC has so decided but has not yet considered the report or reports of the result or results of the examination or examinations that the person has undergone under subsection 16(2); or
(d) CSC has considered the report or reports but has not yet decided whether or not to issue a benefit classification certificate in respect of the person under subsection 16(4); or
(e) CSC has decided so to issue such a certificate but has not yet issued it.
(3) If subparagraph (2)(a) or (b) applies, CSC must, in relation to each examination (if any) that:
(a) CSC required the person under subsection 16(2) to undergo; or
(b) CSC is satisfied it would, but for the benefit event, have so required the person to undergo;
but that the person did not in fact undergo, determine what, in CSC's opinion, the report of the result of the examination would have contained if the person:
(c) had undergone the examination on the day when the person:
(i) if paragraph (2)(a) applies--became an eligible employee; or
(ii) if paragraph (2)(b) applies--underwent the examination, or the later or last of the examinations, referred to in that paragraph; and
(d) at or in connection with the examination:
(i) had answered properly, within the meaning of section 16AC, all the questions asked of the person; and
(ii) had given no false or misleading information.
(4) For the purposes of subsection (3), CSC must consider such information and other matters as it considers relevant.
(5) In subsection (6):
"report material" means:
(a) if paragraph (2)(a) applies--the determination or determinations under subsection (3); or
(b) if paragraph (2)(b) applies:
(i) the report or reports of the result or results of the examination or examinations referred to in that paragraph; and
(ii) the determination or determinations (if any) under subsection (3); or
(c) if paragraph (2)(c) or (d) applies--the report or reports referred to in that paragraph.
(6) Unless paragraph (2)(e) applies, CSC must consider the report material and any other matters (other than matters excluded by subsection (7)) that it considers relevant and, if satisfied on the basis of the matters set out in the report material and of those other matters that, had the benefit event not happened, it would have formed on that basis the opinion that there was a real risk that the person, by reason of, or for a reason connected with:
(a) a condition that is referred to in the report material and that CSC is satisfied is a condition of the person that existed at the time when the person became an eligible employee; or
(b) 2 or more such conditions;
would not continue to be an eligible employee until the person attained his or her maximum retiring age, must issue in respect of the person a benefit classification certificate specifying the condition or conditions.
(7) The matters excluded by this subsection are the following:
(a) the fact that the benefit event has happened;
(b) any information CSC has about the causes of:
(i) the death; or
(ii) the incapacity that was the ground for the retirement; or
(iii) the incapacity to which CSC is satisfied that the decrease in the annual rate of salary of the person could properly be regarded as attributable;
as the case may be;
(c) any information CSC has about the person's state of physical or mental health, or medical history, during a period beginning after:
(i) if the person has undergone an examination or examinations under subsection 16(2)--the person underwent the examination or the later or last of the examinations; or
(ii) otherwise--the person became an eligible employee.
(8) If paragraph (2)(e) applies, CSC must issue in respect of the person the benefit classification certificate that CSC would have so issued but for the benefit event.
(9) For the purposes of this Act, a benefit classification certificate issued under this section is to be taken to have been issued under subsection 16(4) on the day before the day of the benefit event.
(10) Nothing in this section applies in relation to a person who on 30 June 1990 was, and until the time of the benefit event in relation to the person, being a benefit event that occurred after 31 March 1991, continued to be, an eligible employee.