Commonwealth Numbered Acts

SUPERANNUATION ACTS AMENDMENT ACT 1978 No. 17, 1978 - SECT 77

77. (1) Section 184 of the Principal Act is repealed and the following section
is substituted: Medical examinations and benefit classification certificates
''184. (1) This section applies to a person who is, or at any time has been,
an existing contributor other than-

   (a)  an existing contributor who has previously ceased to be an eligible
        employee by reason of retirement on the ground of invalidity, being an
        existing contributor to whom, upon his so ceasing, invalidity benefit
        was payable in accordance with section 69, 72 or 73; or

   (b)  an existing contributor who has previously ceased to be an eligible
        employee otherwise than by reason of retirement on the ground of
        invalidity.

''(2) Subject to sub-section (4), where-

   (a)  a person to whom this section applies who, immediately before the
        commencing day, was (otherwise than by reason of an election made
        under section 81 of the superseded Act) a contributor to the Provident
        Account ceases to be an eligible employee by reason of death or
        retirement on the ground of invalidity;

   (b)  his period of contributory service is less than 20 years and, on the
        day on which he ceases to be an eligible employee, he has not attained
        his maximum retiring age; and

   (c)  the Commissioner is of the opinion that the death of the person or the
        incapacity which was the ground for the retirement of the person was
        caused, or was substantially contributed to-

        (i)    by the physical or mental condition of the person that was
               relevant for the purposes of the superseded Act or, if there
               was more than one such condition, by those conditions or one or
               more of those conditions; or

        (ii)   by a physical or mental condition or conditions of the person
               connected with the physical or mental condition of the person
               that was relevant for the purposes of the superseded Act or, if
               there was more than one such condition, with those conditions
               or one or more of those conditions, the Commissioner shall
               issue in respect of the person a benefit classification
               certificate in which there is or are specified the physical or
               mental condition or conditions of the person that was or were
               relevant for the purposes of the superseded Act and, for the
               purposes of this Act, the certificate shall be deemed to have
               been issued under sub-section 16 (4) and to have been in force
               in respect of the person immediately before his death or
               retirement.

''(3) Subject to sub-section (4), the Commissioner may, if he thinks fit, and
shall, upon application in writing being made to him by an eligible
employee who is a person to whom this section applies and who, immediately
before the commencing day, was (otherwise than by reason of an election made
under section 81 of the superseded Act) a contributor to the Provident
Account, issue in respect of the eligible employee a benefit classification
certificate in which the physical or mental condition or conditions of the
person that was or were relevant for the purposes of the superseded Act is or
are specified and, for the purposes of this Act, the certificate shall be
deemed to have been issued under sub-section 16 (4).

''(4) The Commissioner shall not, under sub-section (2) or (3), issue a
benefit classification certificate in respect of a person if there is a
benefit classification certificate in force in respect of the person at that
time.

''(5) Where-

   (a)  a person to whom this section applies (whether or not he was,
        immediately before the commencing day, a contributor to the Provident
        Account) ceases to be an eligible employee by reason of death or
        retirement on the ground of invalidity;

   (b)  his period of contributory service is less than 20 years and, on the
        day on which he ceases to be an eligible employee, he has not attained
        his maximum retiring age;

   (c)  the person was, immediately before the commencing day, a contributor
        to the Fund or, if the person was, immediately before the commencing
        day, a contributor to the Provident Account, the Commissioner is not
        of the opinion that the death of the person or the incapacity which
        was the ground for the retirement of the person was caused, or was
        substantially contributed to-

        (i)    by the physical or mental condition of the person that was
               relevant for the purposes of the superseded Act or, if there
               was more than one such condition, by those conditions or one or
               more of those conditions; or

        (ii)   by a physical or mental condition or conditions of the person
               connected with the physical or mental condition of the person
               that was relevant for the purposes of the superseded Act or, if
               there was more than one such condition, with those conditions
               or one or more of those conditions; and

   (d)  the Commissioner is satisfied-

        (i)    that, at or in connexion with a medical examination which the
               person underwent for the purposes of the superseded Act, the
               person failed to furnish any information required to be
               furnished by him or furnished false information; and

        (ii)   that, if the person had not failed to furnish that information
               or had not furnished that false information and, in a case
               where the person would not have been a contributor to the
               Provident Account or a contributor to the Fund immediately
               before the commencing day but for the failure to furnish that
               information or the furnishing of that false information, the
               person had been a contributor to the Provident Account
               immediately before the commencing day, there would have been
               deemed to be in force in respect of the person, immediately
               before his death or retirement, a benefit classification
               certificate in which there would have been specified the
               physical or mental condition or conditions which caused, or
               substantially contributed to, the death or retirement, or a
               physical or mental condition or conditions connected with such
               a condition or conditions, the Commissioner shall issue in
               respect of the person a benefit classification certificate in
               which there is or are specified the physical or mental
               condition or conditions of the person that, in the opinion of
               the Commissioner, would have been the physical or mental
               condition or conditions of the person specified in the benefit
               classification certificate that the Commissioner would have
               issued, or, but for sub-section (4), would have issued, in
               respect of the person under sub-section (2) if the person had
               not failed to furnish that information or had not furnished
               that false information and, in a case where the person would
               not have been a contributor to the Provident Account or a
               contributor to the Fund immediately before the commencing day
               but for the failure to furnish that information or the
               furnishing of that false information, the person had been a
               contributor to the Provident Account immediately before the
               commencing day and, for the purposes of this Act, the
               certificate shall be deemed to have been issued under
               sub-section 16 (11) and to have been in force in respect of the
               person immediately before his death or retirement.

''(6) The Commissioner shall not, in a benefit classification certificate
issued under sub-section (5), include a physical or mental condition in
respect of which the Commissioner was of the opinion under sub-section 16 (8)
that the person was not likely, by reason of or for a reason connected with
that condition, to cease to continue to be an eligible employee before the
person attained his maximum retiring age unless the Commissioner is satisfied
that, but for the failure of the person to furnish any information required to
be furnished by him or the furnishing of false information at or in connexion
with a medical examination which the person was required to undergo under
sub-section 16 (6), he would not have been of that opinion.

''(7) In this section-

   (a)  a reference to a contributor to the Fund shall be read as a reference
        to a contributor to the existing Fund under Part III of the superseded
        Act;

   (b)  a reference to a contributor to the Provident Account shall be read as
        a reference to a contributor to the Provident Account established
        under the superseded Act; and

   (c)  a reference to the physical or mental condition or conditions of a
        person that was or were relevant for the purposes of the superseded
        Act shall be read as a reference to the physical or mental condition
        or conditions of the person that, in the opinion of the Commissioner,
        was or were the physical or mental condition or conditions of the
        person by reason of which-

        (i)    the Superannuation Board was not satisfied under sub-section 5
               (1) of the superseded Act that the health and physical fitness
               of the person were such as to justify his being accepted as a
               contributor to the Fund; or

        (ii)   the person was not, by virtue of a provision of the superseded
               Act (other than sub-section 5 (1) or 79 (2) of the superseded
               Act), accepted as a contributor to the Fund,

other than-

        (iii)  a physical or mental condition that, in the opinion of the
               Commissioner, did not exist-

                (A)  at the time the person became a contributor to the Fund
                     or a contributor to the Provident Account; or

                (B)  where the person so became a contributor on more than one
                     occasion-at the time he last so became a contributor and
                     immediately before which he was not a contributor to the
                     Provident Account and was not in receipt of pension in
                     accordance with section 45 of the superseded Act; or

        (iv)   a physical or mental condition that, in the opinion of the
               Commissioner, the Superannuation Board was, as a result of a
               medical examination under sub-section 79 (2) of the superseded
               Act, satisfied no longer existed unless the Commissioner is
               satisfied that, but for the failure of the person to furnish
               any information required to be furnished by him or the
               furnishing of false information at or in connexion with that
               medical examination, the Board would not have been so
               satisfied.''.

(2) Subject to sub-sections (3) and (4) of this section, sub-section 184 (2)
of the Principal Act shall be deemed never to have applied to or in relation
to existing contributors who did not cease to be eligible employees before the
commencement of this section.

(3) Where the benefit classification certificate deemed, by sub-section 184
(2) of the Principal Act, to be in force, on the commencing day, in respect of
a person has been revoked under sub-section 16 (8) of the Principal Act before
the commencement of this section, the Commissioner for Superannuation shall
not include the condition or conditions that was or were specified in that
benefit classification certificate in any benefit classification certificate
issued in respect of the person under section 184 of the Principal Act as
amended by sub-section (1) of this section unless the Commissioner is
satisfied that, but for the failure of the person to furnish any information
required to be furnished by him or the furnishing of false information at or
in connexion with a medical examination which the person was required to
undergo under sub-section 16 (6) of the Principal Act, the certificate would
not have been revoked.

(4) Where the benefit classification certificate deemed, by sub-section 184
(2) of the Principal Act, to be in force, on the commencing day, in respect of
a person has been varied under sub-section 16 (8) of the Principal Act before
the commencement of this section by deleting from the certificate a reference
to a physical or mental condition or conditions, the Commissioner for
Superannuation shall not include that condition or those conditions in any
benefit classification certificate issued in respect of the person under
section 184 of the Principal Act as amended by sub-section (1) of this section
unless the Commissioner is satisfied that, but for the failure of the person
to furnish any information required to be furnished by him or the furnishing
of false information at or in connexion with a medical examination which the
person was required to undergo under sub-section 16 (6) of the Principal Act,
the certificate would not have been so varied.