Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1992 No. 187, 1992 - SECT 13

13. After section 54J of the Principal Act, the following section is inserted
in Division 3 of Part IVA: Other provisions relating to invalidity assessment

"54JA.(1) Where the Board:

   (a)  for the purposes of subsection 7(2) gives consideration to whether a
        person was, because of physical or mental incapacity, totally and
        permanently incapacitated within the meaning of Part IVA; or

   (b)  for the purposes of a provision of section 122 gives consideration to
        whether a person would have ceased to be an eligible employee because
        of retirement on the ground of invalidity; or

   (c)  for the purposes of a provision of section 139 gives consideration to
        whether a person has become totally and permanently incapacitated
        within the meaning of Part IVA; or

   (d)  for the purpose of subsection 141(1) gives consideration to whether a
        person was rendered as incapacitated; the following provisions of this
        section apply.

"(2) The Board, if it thinks it desirable in the particular case, may appoint
a panel consisting of such number of persons as the Board determines to assist
it in its consideration of a matter mentioned in subsection (1).

"(3) The members of the panel must be persons with expertise in the assessment
of invalidity claims for the purposes of superannuation.

"(4) The Board:

   (a)  may require the person to undergo such medical examinations as it
        considers necessary and to provide such information as the members of
        the panel require; and

   (b)  must make available to the members of the panel any medical or other
        evidence that it has concerning the person and that is relevant in the
        circumstances.

"(5) The members of the panel must, within such period as is specified by the
Board, make recommendations in writing to the Board, giving reasons for their
recommendations:

   (a)  on the matter under consideration by the Board; and

   (b)  on any other matter that the panel considers relevant or the Board may
        specify.

"(6) If the matter under consideration relates to a condition in respect of
which the person is, or was, entitled to receive compensation under the
Commonwealth Employees' Rehabilitation and Compensation Act 1988, the Board
may ascertain, in relation to that matter, the views of any Commonwealth
authority that, under that Act, is or has been, liable to pay compensation in
respect of the person.

"(7) The fact that, in relation to a matter, the Board has previously under
this section received the recommendations of a panel or ascertained the views
of a Commonwealth authority does not prevent the Board, if it wishes to give
the matter further consideration from again appointing such a panel under this
section or ascertaining those views.".