Commonwealth Numbered Acts

DEFENCE FORCE (RETIREMENT AND DEATH BENEFITS AMENDMENTS) ACT 1979 No. 15 of 1979 - SECT 9

9. Section 34 of the Principal Act is amended-

(a) by omitting from sub-section (1) ''accordingly as if he were being
classified under section 30'' and substituting ''in the appropriate
classification set out in section 30 according to the percentage of his
incapacity in relation to civil employment''; and

   (b)  by inserting after sub-section (1) the following sub-sections:

''(1A) In determining, for the purposes of sub-section (1), the percentage of
incapacity in relation to civil employment of a recipient member, the
Authority shall have regard to the following matters only:

   (a)  the vocational, trade and professional skills, qualifications and
        experience of the recipient member;

   (b)  the kinds of civil employment which a person with skills,
        qualifications and experience referred to in paragraph (a) might
        reasonably undertake;

   (c)  the degree to which any physical or mental impairment of the recipient
        member, being a prescribed physical or mental impairment, has
        diminished the capacity of the recipient member to undertake the kinds
        of civil employment referred to in paragraph (b);

   (d)  such other matters (if any) as are prescribed for the purposes of this
        sub-section.

''(1B) In sub-section (1A), 'prescribed physical or mental impairment', in
relation to a recipient member, means-

   (a)  a physical or mental impairment of the recipient member that was the
        cause, or one of the causes, of the invalidity or physical or mental
        incapacity by reason of which the recipient member was retired,
        whether or not that impairment has changed, for better or worse, since
        that retirement; or

   (b)  any other physical or mental impairment of the recipient member
        causally connected with a physical or mental impairment referred to in
        paragraph (a).''.