Western Australian Consolidated Regulations Western Australian Consolidated Regulations A member who is
60 years of age or younger shall be regarded as totally and permanently
disabled —
(a) in
the event that the Board has under section 13 of the Act effected a group
life insurance or assurance policy that contains provision for payments of
benefits in respect of total and permanent disablement and that policy is in
force for the time being in respect of the member if the member is totally and
permanently disabled within the meaning of and for the purposes of that
policy;
(b) in
the event that the Board has under section 13 of the Act effected a group
life insurance or assurance policy that contains provision for payment of
benefits in respect of total and permanent disablement and that policy is not
in force for the time being in respect of the member by reason only of the
refusal of insurance by the insurer with which that policy has been effected,
if in the opinion of the Board, after consideration of material evidence
satisfactory to it, the member is totally and permanently disabled within the
terms of the definition of total and permanent disablement contained in that
policy; or
(c) in
any other event if the Board is satisfied, after considering any medical or
other evidence that it considers to be relevant, that the member is, and until
attaining 60 years of age will continue to be, physically or mentally
incapable of engaging in, or working for reward in, any occupation or work for
which, in the opinion of the Board, the member is suited to undertake by
education, training or experience or for which the member would be suited as a
result of retraining.
[Regulation 5 amended in Gazette
14 May 1996 p. 2026-7.]