Defence Forces Retirement Benefits Act 1948

The Authority may, by notice in writing to a person to whom a pension, being invalidity benefit, is being paid, require that person:

to submit himself for medical examination by a legally qualified medical practitioner at a time and place specified in the notice; or

to furnish in writing to the Authority, within such period as is specified in the notice, such information as is required by the notice with respect to any employment (whether as an employee or on his own account) in which the person has been engaged during such period as is specified in the notice.

A notice under subsection (1) shall set out the effect of subsection (3).

Where a person fails to comply with a notice given under subsection (1) and the Authority is not satisfied that there was a reasonable excuse for the failure, the Authority may, by notice in writing given to the person, suspend the person’s pension with effect from such day as the Authority determines, being a day not earlier than:

in a case where the first‑mentioned notice required the person to submit to a medical examination on a day specified in the notice—the day next following that day; or

in a case where the first‑mentioned notice required the person to furnish information within a period specified in the notice—the day next following the end of that period.

A notice to a person under subsection (3) shall set out the effect of subsections (5B), (5D) and (5E).

Pension is not payable in respect of a period during which a suspension under subsection (3) is in force.

Where:

the pension of a person is suspended under subsection (3); and

the Authority, having regard to such matters as it considers relevant, is of the opinion that the suspension should be revoked;

Without limiting subsection (5A), where the pension of a person (in this subsection called the relevant person) is suspended under subsection (3), the relevant person, or another person acting on the relevant person’s behalf, may, by notice in writing given to the Authority, request the Authority to revoke the suspension, and where such a request is made, the Authority shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be:

if the pension has been suspended by virtue of the relevant person’s having failed to comply with a notice requiring the relevant person to submit to a medical examination—require the relevant person to submit to a medical examination by a medical practitioner at a time and place specified in the second‑mentioned notice; or

if the pension has been suspended by virtue of the relevant person’s having failed to comply with a notice requiring the relevant person to give information to the Authority (in this paragraph called the original notice)—require the relevant person to give in writing to the Authority, within such period as is specified in the second‑mentioned notice, such information as was required by the original notice to be given.

A notice given by the Authority under subsection (5B) shall set out the effects of subsections (5D) and (5E).

Where:

because of a request having been made to revoke the suspension of the pension of a person (in this subsection called the relevant person), a notice under subsection (5B) is given to the relevant person or to the relevant person and another person; and

either:

the relevant person complies with the notice; or

the relevant person fails to comply with the notice but the Authority is satisfied that there was a reasonable excuse for the failure;

in a case to which subparagraph (b)(i) applies—the day on which the relevant person so complied with the notice; or

in a case to which subparagraph (b)(ii) applies—the day on which the Authority became so satisfied.

Where:

because of a request having been made to revoke the suspension of the pension of a person (in this subsection called the relevant person), a notice under subsection (5B) is given to the relevant person or to the relevant person and another person; and

the relevant person fails to comply with the notice and the Authority is not satisfied that there was a reasonable excuse for the failure;

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.

The power of the Authority under this section to suspend a pension extends to suspending a pension a portion of which has been cancelled by force of subsection 69(1A).

Where a person whose pension has been suspended under this section, dies before the pension again becomes payable, he shall, for the purpose of section 57, be deemed to have been entitled to pension immediately before his death and, for the purposes of that section, the pension shall be deemed to have been payable at the rate at which it would have been payable to him if it had not been suspended.

Where the Authority is required by this section to give a person a notice, the notice shall be taken to have been given to the person if:

the notice is served on the person personally;

the notice is sent to the person by pre‑paid post as a letter and the person acknowledges receipt of the letter; or

where the Authority has caused all reasonable steps to be taken to ascertain a reliable address of the person, the notice is sent to the person by pre‑paid post to:

in a case where the Authority is satisfied that at least one reliable address of the person has been ascertained—that address or one of those addresses; or

in any other case—the last address of the person known to the Authority.

A reference in subsection (7) to a reliable address of a person shall be read as a reference to an address where, if a letter were sent to the person by pre‑paid post to the address, the person would probably receive the letter.

In this section, invalidity benefit includes pension payable under section 73.