Commonwealth Numbered Acts

SUPERANNUATION ACT 1976 No. 31, 1976 - SECT 16

16. (1) In this section, ''approved medical practitioner'' means a medical
practitioner approved by the Commissioner for the purposes of this Act.

(2) A person who proposes to become, or becomes, an eligible employee shall
undergo such medical examination or examinations by an approved medical
practitioner or practitioners as the Commissioner requires.

(3) A report or reports of the result or results of the medical examination or
examinations shall be furnished to the Commissioner.

(4) The Commissioner shall consider the report or reports, and such other
matters (if any) as the Commissioner considers relevant, and, if he is of the
opinion that the person is not likely, by reason of or for a reason connected
with a physical or mental condition or conditions referred to in the report or
reports, to continue to be an eligible employee until the person attains his
maximum retiring age, the Commissioner shall issue a benefit classification
certificate to that effect, being a certificate in which the relevant
condition or conditions is or are specified.

(5) In the application of this Act to an eligible employee at any time, a
reference in this Act to a benefit classification certificate that is in force
in respect of an eligible employee shall, in the case of an eligible employee
whose period of contributory service would, if he ceased to be an eligible
employee at that time, be not less than 20 years or an eligible employee who
has attained his maximum retiring age, be read as not including a reference to
a benefit classification certificate that has been issued in respect of him.

(6) Where a benefit classification certificate is in force in respect of an
eligible employee, he may, on grounds specified in the request, request the
Commissioner to revoke or vary the certificate and, where an eligible employee
makes such a request, he shall, within such period as the Commissioner
requires, undergo such further medical examination or examinations by an
approved medical practitioner or practitioners as the Commissioner requires.

(7) A report or reports of the result or results of the further medical
examination or examinations shall be furnished to the Commissioner.

(8) The Commissioner shall consider the report or reports, and such other
matters (if any) as he considers relevant, and-

   (a)  where there is not more than 1 physical or mental condition specified
        in the benefit classification certificate and the Commissioner is of
        the opinion that the person is not likely, by reason of or for a
        reason connected with that condition, to cease to be an
        eligible employee before he attains his maximum retiring age-the
        Commissioner shall revoke the certificate;

   (b)  where there is more than 1 physical or mental condition specified in
        the benefit classification certificate-

        (i)    if the Commissioner is of the opinion that the person is not
               likely, by reason of or for a reason connected with those
               conditions, to cease to continue to be an eligible employee
               before the person attains his maximum retiring age-the
               Commissioner shall revoke the certificate; or

        (ii)   if the Commissioner is of the opinion that the person is not
               likely, by reason of or for a reason connected with 1 or some
               only of the conditions specified in the certificate, to
               continue to be an eligible employee until he attains his
               maximum retiring age-the Commissioner shall vary the
               certificate by deleting the reference in the certificate to any
               other condition or conditions so specified; and

   (c)  in any other case-the Commissioner shall refuse the request to revoke
        or vary the benefit classification certificate.

(9) A revocation or variation of a benefit classification certificate has
effect on and from the date on which the revocation or variation is made.

(10) Where-

   (a)  a person who is an eligible employee dies or ceases to be an eligible
        employee by reason of retirement on the ground of invalidity-

        (i)    before he has undergone a medical examination or examinations
               as required under sub-section (2);

        (ii)   if he has undergone such an examination or examinations-before
               the report or reports of the result or results of the
               examination or examinations has or have been considered by the
               Commissioner;

        (iii)  if the report or reports has or have been considered by the
               Commissioner-before the Commissioner has reached a decision as
               to whether he should issue a benefit classification certificate
               in respect of the person under sub-section (4); or

        (iv)   if the Commissioner has decided to issue a
               benefit classification certificate in respect of the person
               under sub-section (4)-before the certificate has been issued;
               and

   (b)  the Commissioner is not satisfied that his death or the incapacity
        which was the ground for his retirement, was not caused, and was not
        substantially contributed to, by a physical or mental condition or
        conditions of the person that existed at the time the person became an
        eligible employee, the Commissioner shall issue a
        benefit classification certificate in which that condition or those
        conditions is or are specified and, for the purposes of this Act, the
        certificate shall be deemed to have been in force in respect of that
        person at the time of the person's death or retirement.

(11) Where-

   (a)  a person has ceased to be an eligible employee by reason of death or
        retirement on the ground of invalidity;

   (b)  his period of contributory service is less than 20 years and, at the
        time he ceased to be an eligible employee, he had not attained his
        maximum retiring age;

   (c)  a benefit classification certificate was not in force in respect of
        him at the time he ceased to be an eligible employee or a
        benefit classification certificate was in force in respect of him at
        that time but there was not specified in the certificate the physical
        or mental condition or conditions which, in the opinion of the
        Commissioner, caused, or substantially contributed to, the death or
        the incapacity which was the ground for his retirement on the ground
        of invalidity; and

   (d)  the Commissioner is satisfied-

        (i)    that, at or in connexion with a medical examination which the
               person was required to undergo under this section, the person
               failed to furnish any information required to be furnished by
               him or furnished false information; and

        (ii)   that, if the person had not failed to furnish that information
               or had not furnished false information, there would have been
               in force in respect of the person at the time he ceased to be
               an eligible employee a benefit classification certificate in
               which the physical or mental condition or conditions referred
               to in paragraph (c), or a physical or mental condition
               connected with that condition or those conditions, would have
               been specified, the Commissioner shall issue a
               benefit classification certificate in which the condition or
               conditions referred to in paragraph (c) is or are specified
               and, for the purposes of this Act, the certificate shall be
               deemed to have been in force in respect of that person at the
               time of his death or retirement.

(12) A copy of a benefit classification certificate, and a copy of any
revocation or variation of such a certificate, and notice of refusal by the
Commissioner of a request to revoke or vary such a certificate, shall be
served on the person to whom the certificate relates or, if the person has
died, on the personal representatives of the person or such other person or
persons as the Commissioner, in his discretion, determines.

(13) In the application of this section to a person who is an eligible
employee by virtue of paragraph (g) of the definition of ''eligible employee''
in sub-section 3 (1), any reference in this section to the Commissioner shall
be read as a reference to the Secretary to the Department of the Treasury.

(14) Subject to sub-section 160 (3), the cost of any medical examination
carried out for the purposes of this section shall be treated as part of the
cost of the administration of this Act.