Commonwealth Numbered Acts

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 64

Requirement to undergo medical examination etc.
(1)
This section applies to a person if:

(a)
the person has made a claim for a disability support pension and the claim has not been determined; or

(b)
the person is receiving a disability support pension; or

(c)
the person has made a claim for sickness allowance; or

(d)
the person is receiving sickness allowance; or

(e)
the person has made a claim for a newstart allowance but is temporarily incapacitated for work because of sickness or the occurrence of an accident; or

(f)
the person is receiving a newstart allowance and is exempt from the activity test under Subdivision BA of Division 1 of Part 2.12 of the 1991 Act; or

(g)
the person has made a claim for youth allowance and:

(i)
is temporarily incapacitated for work; or
(ii)
does not have the capacity to undertake the course of education as part of which he or she is undertaking full-time study; or
(h)
the person is receiving a youth allowance and has a temporary incapacity exemption under section 542A of the 1991 Act.

(2)
If:

(a)
this section applies to a person; and

(b)
the Secretary is of the opinion that the person should:

(i)
attend an office of the Department; or
(ii)
contact the Department; or
(iii)
attend a particular place for a particular purpose; or
(iv)
complete a questionnaire; or
(v)
undergo a medical, psychiatric or psychological examination; or
(vi)
give information to the Secretary;
the Secretary may give the person written notice that the person is required, within a specified time, to:

(c)
attend that office; or

(d)
contact the Department; or

(e)
attend that place for that purpose; or

(f)
complete that questionnaire; or

(g)
undergo that examination and provide to the Secretary the report, in the approved form, of the person who conducts the examination; or

(h)
give that information to the Secretary;

as the case may be.

(3)
The Secretary may give a person notice for the purposes of subsection (2) by sending the notice by prepaid post addressed to the person at his or her postal address last known to the Secretary. This subsection does not prevent the Secretary from giving the person notice in any other way.

(4)
If:

(a)
the Secretary gives a person a notice under subsection (2); and

(b)
the Secretary is satisfied that it is reasonable for this section to apply to the person; and

(c)
the person does not take reasonable steps to comply with the requirement of the notice;

the following paragraphs have effect:

(d)
if the person is a person referred to in paragraph (1)(a), a disability support pension is not payable to the person;

(e)
if the person is a person referred to in paragraph (1)(b), disability support pension ceases to be payable to the person;

(f)
if the person is a person referred to in paragraph (1)(c), sickness allowance is not payable to the person;

(g)
if the person is a person referred to in paragraph (1)(d), sickness allowance ceases to be payable to the person;

(h)
if the person is a person referred to in paragraph (1)(e), (f), (g) or (h):

(i)
newstart allowance or youth allowance, as the case may be, is not payable; and
(ii)
if at a later time, such an allowance becomes payable to the person, an administrative breach rate reduction period applies to the person; and
(iii)
in the case of a person referred to in paragraph (1)(f), the person ceases to be exempt from the activity test under Subdivision BA of Division 1 of Part 2.12 of the 1991 Act; and
(iv)
in the case of a person referred to in paragraph (1)(h), the person ceases to have a temporary incapacity exemption under section 542A of the 1991 Act.
(5)
A notice under subsection (2) must inform the person to whom it is given of the effect of this section.



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