Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 54H

  (1)   If, after considering:

  (a)   any medical report submitted with the request to approve the retirement of an eligible employee; and

  (b)   any other matter that it considers relevant;

CSC is satisfied that, because of his or her mental or physical condition, the eligible employee is totally and permanently incapacitated, CSC may decide to approve the retirement of the eligible employee without appointing a panel of persons under subsection   54F(1) or seeking the recommendations of Comcare or a licensed administering authority or the views of the Military Rehabilitation and Compensation Commission, as the case may be, under section   54G.

  (2)   If subsection   (1) does not apply, CSC, after:

  (a)   taking into consideration the recommendations made to CSC under subsection   54F(4) and section   54G and any views given to CSC under that section; and

  (b)   ascertaining whether it is practicable for the eligible employee to find employment, or to be appointed to an office, for which he or she is reasonably qualified by education, training or experience or could become reasonably qualified after retraining;

must decide whether or not to approve the retirement of the eligible employee unless it defers its decision under subsection   (2A).

  (2A)   If, after taking the steps mentioned in paragraphs   (2)(a) and (b), CSC thinks that it should allow further time within which to make a decision whether or not to approve the retirement of an eligible employee, CSC may:

  (a)   defer making such a decision until such time as appears to it to be appropriate; and

  (b)   if it appears to it to be desirable in the circumstances, before making a decision again have the matter considered by a panel mentioned in section   54F.

  (2B)   Where CSC wants to have the matter considered again by a panel mentioned in section   54F, that section, other than subsection   (5), applies, subject to subsection   (2C), in relation to the matter in the same way as it applied in relation to the initial consideration of the matter by such a panel.

  (2C)   In the application of section   54F as mentioned in subsection   (2B), subsection   54F(4) applies as if the period within which the members of the panel are required to make recommendations in writing to CSC were such period as is specified by CSC in the particular case.

  (2D)   If the matter is again considered by a panel of persons, CSC is to take the recommendations of the panel into consideration before making its decision.

  (3)   A decision of CSC to approve or not to approve the retirement of an eligible employee must be in writing.