Legislative Assembly (Office of the Legislative Assembly) Act 2012

The Speaker may retire the clerk on the ground of physical or mental incapacity if—

the incapacity substantially affects the exercise of the clerk’s functions; and

the clerk consents to the retirement.

However, the clerk must not be retired on the ground of invalidity unless—

if the clerk is an eligible employee for the Superannuation Act 1976 (Cwlth)—

the clerk is under the clerk’s maximum retiring age within the meaning of the Act; and

a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under the Act, section 54C for the clerk; or

if the clerk is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—

the clerk is under 60 years old; and

a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 13 for the clerk; or

if the clerk is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—

the clerk is under 60 years old; and

a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 43 for the clerk.

In this section:

invalidity means—

for an eligible employee for the Superannuation Act 1976 (Cwlth)—invalidity under the Act; or

for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under the Act; or

for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—invalidity under the Act.

physical or mental incapacity includes invalidity.