100Statutory hearing

100 Statutory hearing

(1)  In respect of any application from a relevant person or any related matter arising from the exercise of the Commission's powers under these regulations, the Commission must –

(a) make a preliminary decision on the matter; and

(b) notify the relevant person, in writing, of that preliminary decision; and

(c) advise that person that, if the person does not take any action under this regulation within the required time, the preliminary decision will become final.

(2)  A relevant person may, within 21 days after the date of a notification under subregulation (1) , elect by notice in writing to the Commission –

(a) to appear and be heard before the Commission; and

(b) to submit any relevant medical report or other evidence.

(3)  Before making a final decision on the application, the Commission may –

(a) require the member to whom the application relates to undergo a medical examination by a practitioner or practitioners the Commission considers appropriate; and

(b) seek further information concerning that member's capability and prospects for employment; and

(c) require the relevant person to submit any further evidence that the Commission considers appropriate.

(4)  The Commission, in exercising the Commission's powers under subregulation (3) , may impose any terms or conditions that the Commission considers fair and equitable.

(5)  If a relevant person does not make an election under subregulation (2) within the required time, the preliminary decision becomes the final decision of the Commission.

(6)  The Commission –

(a) may extend the period referred to in subregulation (2) on the written application of the relevant person within that period; and

(b) is to, as soon as practicable after extending the period, notify that person of that extension.