New South Wales Consolidated Acts

STATE PUBLIC SERVICE SUPERANNUATION ACT 1985 - SECT 53

53 Employee or contributor to provide information

(1) For the purposes of this section, "untrue", in relation to a statement, includes:

(a) misleading in the form and context in which the statement appears, and

(b) misleading by reason of the omission from the statement of matter that is material and of which the person making the statement has, or at any time had, knowledge.

(2) The Board may require an employee or a claimant for payment of a benefit under this Act:

(a) to provide the Board with specified information or evidence referred to in subsection (3),

(b) to provide the Board with an authority to obtain from a third person any such information or evidence, or

(c) in the case of a claimant for payment of a benefit under section 30-to undergo a medical examination.

(3) A requirement under subsection (2) may be made only:

(a) in the case of an employee-in relation to information or evidence that is relevant to the assessment of an application by the employee to be covered for the supplementary benefit, or

(b) in the case of a claimant for payment of a benefit-in relation to information, evidence or a medical examination that is relevant to the assessment of an application made by the claimant for payment of the benefit.

(4) Where:

(a) the employee or claimant to whom a requirement under subsection (2) (a) or (2) (c) relates fails to comply with the requirement or, in purported compliance with the requirement, makes or provides an untrue statement, or

(b) a person referred to in subsection (2) (b) fails to provide information or evidence that the Board has been authorised to obtain from the person or, in purported compliance with the request by the Board for the information or evidence, makes or provides an untrue statement,

the Board may:

(c) where the information or evidence is required in relation to an application to be covered for the supplementary benefit-refuse the application, or

(d) where the information or evidence is required in relation to a claim for a benefit-take such action in relation to the benefit as, in the opinion of the Board, would place the claimant as nearly as possible in the same position as the claimant would have been if the information or evidence had been provided or the medical examination made, or if the statement had not been untrue.