Superannuation Act 1976

Where CSC:

for the purposes of subsection 7(2) gives consideration to whether a person was, because of physical or mental incapacity, totally and permanently incapacitated within the meaning of Part IVA; or

for the purposes of a provision of section 122 gives consideration to whether a person would have ceased to be an eligible employee because of retirement on the ground of invalidity; or

for the purposes of a provision of section 138 or 146MC gives consideration to whether a person has become totally and permanently incapacitated within the meaning of Part IVA;

CSC, if it thinks it desirable in the particular case, may appoint a panel consisting of such number of persons as CSC determines to assist it in its consideration of a matter mentioned in subsection (1).

The members of the panel must be persons with expertise in the assessment of invalidity claims for the purposes of superannuation.

CSC:

may require the person to undergo such medical examinations as it considers necessary and to provide such information as the members of the panel require; and

must make available to the members of the panel any medical or other evidence that it has concerning the person and that is relevant in the circumstances.

The members of the panel must, within such period as is specified by CSC, make recommendations in writing to CSC, giving reasons for their recommendations:

on the matter under consideration by CSC; and

on any other matter that the panel considers relevant or CSC may specify.

If the matter under consideration relates to a condition in respect of which the person is, or was, entitled to receive compensation under the Safety, Rehabilitation and Compensation Act 1988, CSC may ascertain, in relation to that matter, the views of any Commonwealth authority that, under that Act, is or has been, liable to pay compensation in respect of the person.

If the matter under consideration relates to a condition in respect of which the person is, or was, entitled to receive compensation under the Military Rehabilitation and Compensation Act 2004 or the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988, CSC may ascertain, in relation to that matter, the views of the Repatriation Commission.

The fact that, in relation to a matter, CSC has previously under this section received the recommendations of a panel or ascertained the views of a Commonwealth authority does not prevent CSC, if it wishes to give the matter further consideration, from again appointing such a panel under this section or ascertaining those views.