Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In spite of anything contained in any Act, industrial award or contract of employment, an eligible employee who has not reached his or her maximum retiring age is not, after the commencement of this section, capable of being retired from the employment or office by virtue of which he or she is an eligible employee on the ground that, because of any mental or physical condition, the eligible employee is unable to perform his or her duties, unless CSC has certified in writing that, if the eligible employee is so retired, he or she will be entitled to receive benefits under Division 4 of Part V.
(2) CSC must not give a certificate in respect of an eligible employee under subsection (1) unless CSC has approved the retirement of the eligible employee on the ground of invalidity in accordance with this Part.
(3) In subsection (1), a reference to an eligible employee being retired from employment or office includes a reference to the services of the eligible employee being otherwise terminated.