DEFENCE LEGISLATION AMENDMENT ACT (No. 2) 1988 No. 104 of 1988 - SECT 27 Power of Authority to require persons to be medically examined etc.

DEFENCE LEGISLATION AMENDMENT ACT (No. 2) 1988 No. 104 of 1988 - SECT 27

27. Section 35 of the Principal Act is amended:

   (a)  by omitting subsections (2), (3), (4) and (5) and substituting the
        following subsections:

"(2) A notice under subsection (1) shall set out the effect of subsection (3).

"(3) Where a recipient member fails to comply with a notice given under
subsection (1) and the Authority is not satisfied that there was a reasonable
excuse for the failure, the Authority may, by notice in writing given to the
member, suspend the member's invalidity pay with effect from such day as the
Authority determines, being a day not earlier than:

   (a)  in a case where the first-mentioned notice required the member to
        submit to a medical examination on a day specified in the notice-the
        day next following that day; or

   (b)  in a case where the first-mentioned notice required the member to
        furnish information within a period specified in the notice-the day
        next following the end of that period.

"(4) A notice to a person under subsection (3) shall set out the effect of
subsections (5B), (5D) and (5E).

"(5) Invalidity pay is not payable in respect of a period during which a
suspension under subsection (3) is in force.

"(5A) Where:

   (a)  the invalidity pay of a recipient member is suspended under subsection
        (3); and

   (b)  the Authority, having regard to such matters as it considers relevant,
        is of the opinion that the suspension should be revoked;
the Authority may, by notice in writing given to the member or to the member
and a person acting on the member's behalf, as the case may be, revoke the
suspension with effect from such day as the Authority determines, being a day
not later than the day on which the notice is given.

"(5B) Without limiting subsection (5A), where the invalidity pay of a
recipient member is suspended under subsection (3), the member, or another
person acting on the member's behalf, may, by notice in writing given to the
Authority, request the Authority to revoke the suspension, and where such a
request is made, the Authority shall, by notice in writing given to the member
or to the member and the other person, as the case may be:

   (a)  if the invalidity pay has been suspended by virtue of the relevant
        member's having failed to comply with a notice requiring the member to
        submit to a medical examination-require the member to submit to a
        medical examination by a medical practitioner at a time and place
        specified in the second-mentioned notice; or

   (b)  if the invalidity pay has been suspended by virtue of the member's
        having failed to comply with a notice requiring the member to give
        information to the Authority (in this paragraph called 'the original
        notice')-require the member to give in writing to the Authority,
        within such period as is specified in the second-mentioned notice,
        such information as was required by the original notice to be given.

"(5C) A notice given by the Authority under subsection (5B) shall set out the
effects of subsections (5D) and (5E).

"(5D) Where:

   (a)  because of a request having been made to revoke the suspension of the
        invalidity pay of a recipient member, a notice under subsection (5B)
        is given to the member or to the member and another person; and

   (b)  either:

        (i)    the member complies with the notice; or

        (ii)   the member fails to comply with the notice but the Authority is
               satisfied that there was a reasonable excuse for the failure;
the Authority shall, by notice in writing given to the member or to the member
and the other person, as the case may be, revoke the suspension with effect
from such day as the Authority determines, being a day not later than:

   (c)  in a case to which subparagraph (b) (i) applies-the day on which the
        member so complied with the notice; or

   (d)  in a case to which subparagraph (b) (ii) applies-the day on which the
        Authority became so satisfied.

"(5E) Where:

   (a)  because of a request having been made to revoke the suspension of the
        invalidity pay of a recipient member, a notice under subsection (5B)
        is given to the member or to the member and another person; and

   (b)  the member fails to comply with the notice and the Authority is not
        satisfied that there was a reasonable excuse for the failure;
the Authority shall, by notice in writing given to the member or to the member
and the other person, as the case may be, refuse to revoke the suspension.";

   (b)  by inserting after subsection (6) the following subsections:

"(6A) Where the Authority is required by this section to give a recipient
member a notice, the notice shall be taken to have been given to the member
if:

   (a)  the notice is served on the member personally;

   (b)  the notice is sent to the member by pre-paid post as a letter and the
        member acknowledges receipt of the letter; or

   (c)  where the Authority has caused all reasonable steps to be taken to
        ascertain a reliable address of the member, the notice is sent to the
        member by pre-paid post to:

        (i)    in a case where the Authority is satisfied that at least one
               reliable address of the member has been ascertained-that
               address or one of those addresses; or

        (ii)   in any other case-the last address of the member known to the
               Authority.

"(6B) A reference in subsection (6A) to a reliable address of a member shall
be read as a reference to an address where, if a letter were sent to the
member by pre-paid post to the address, the member would probably receive the
letter.".