Tasmanian Numbered Regulations

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RETIREMENT BENEFITS (PARLIAMENTARY SUPERANNUATION) REGULATIONS 2012 (S.R. 2012, NO. 119) - REG 100

Statutory hearing
(1)  In respect of any application from a relevant person or any related matter arising from the exercise of the Board's powers under these regulations, the Board must –
(a) make a preliminary decision on the matter; and
(b) notify the relevant person, in writing, of that preliminary decision; and
(c) advise that person that, if he or she does not take any action under this regulation within the required time, the preliminary decision will become final.
(2)  A relevant person may, within 21 days after the date of a notification under subregulation (1) , elect by notice in writing to the Board –
(a) to appear and be heard before the Board; and
(b) to submit any relevant medical report or other evidence.
(3)  Before making a final decision on the application, the Board may –
(a) require the member to whom the application relates to undergo a medical examination by a practitioner or practitioners the Board considers appropriate; and
(b) seek further information concerning that member's capability and prospects for employment; and
(c) require the relevant person to submit any further evidence that the Board considers appropriate.
(4)  The Board, in exercising its powers under subregulation (3) , may impose any terms or conditions that it considers fair and equitable.
(5)  If a relevant person does not make an election under subregulation (2) within the required time, the preliminary decision becomes the final decision of the Board.
(6)  The Board –
(a) may extend the period referred to in subregulation (2) on the written application of the relevant person within that period; and
(b) is to, as soon as practicable after extending the period, notify that person of that extension.



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