Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 (58 of 2011)

Schedule 1   Consequential amendments

Part 1   General amendments

Defence Force Retirement and Death Benefits Act 1973

58   At the end of Part XI

Add:

Division 2 - Defence Force Case Assessment Panel

100 Establishment

CSC must establish the Defence Force Case Assessment Panel.

101 Members

(1) The Panel comprises:

(a) a director of CSC nominated by the Chief of the Defence Force under the Governance of Australian Government Superannuation Schemes Act 2011, as determined by CSC; and

(b) a person nominated, in writing, by the Chief of the Air Force; and

(c) a person nominated, in writing, by the Chief of the Army; and

(d) a person nominated, in writing, by the Chief of the Navy; and

(e) up to 2 other persons, as determined by CSC.

(2) The director of CSC determined by CSC under paragraph (1)(a) is to be the Chair of the Panel.

102 Functions

(1) The functions of the Panel are to review any decision referred to it under this Part and:

(a) if CSC has delegated its powers to reconsider the decision to the Panel - to confirm, vary, substitute or set aside the decision; or

(b) if CSC has delegated to the Panel any of CSC’s powers in relation to the decision (other than the power to reconsider the decision) - to exercise those powers; or

(c) in any other case - to make recommendations to CSC in relation to the decision.

Note: Paragraph (c) - see section 106.

(2) When reviewing a decision, the Panel:

(a) must take into account any evidence relevant to the decision that is submitted to it; and

(b) may also take steps to obtain any other evidence that it considers necessary for a proper review of the decision.

103 Proceedings

(1) Subject to any directions given by CSC, the Panel may regulate its proceedings as the Panel thinks fit.

(2) If a direction is given in writing, the direction is not a legislative instrument.

104 Indemnification

Any matter or thing done, or omitted to be done, in good faith by a member of the Panel in the performance of functions under this Division does not subject him or her to any action, liability, claim or demand.

Note: See also section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.

105 Remuneration and allowances

(1) A member of the Panel is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid such remuneration as is prescribed.

(2) A member of the Panel is to be paid such allowances (if any) as are prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

106 Recommendations by Panel to CSC

(1) If the Panel makes recommendations to CSC in relation to a decision referred to it, then, after CSC takes into account:

(a) the recommendations of the Panel; and

(b) any other matter that CSC considers relevant;

CSC must make a decision in writing:

(c) confirming the decision under review; or

(d) varying the decision under review; or

(e) setting aside the decision under review and substituting a new decision.

(2) CSC’s written decision must include the reasons for its decision.

(3) CSC must make a copy of its written decision available to the applicant.

Division 3 - Review of decisions by the Administrative Appeals Tribunal

107 Review by the Administrative Appeals Tribunal

Applications may be made to the Administrative Appeals Tribunal for:

(a) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 99(4A)(a) or (b); and

(b) review of a decision of CSC that has been confirmed or varied by the Panel under paragraph 102(1)(a); and

(c) review of a decision of CSC that has been confirmed or varied by CSC under paragraph 106(1)(c) or (d).