104Statutory hearing

104 Statutory hearing

(1)  In respect of any application, request or question arising under regulation 73 or Part 10 , the Commission must –

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

(b) notify the applicant or person making the request in writing of the preliminary decision; and

(c) advise the applicant or person making the request that, if he or she does not take any action under this regulation, the preliminary decision will become final.

(2)  An applicant or person making the request 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 additional medical report or other evidence.

(3)  Before making a final decision on the application, request or question, the Commission may do one or more of the following, as the Commission considers appropriate:

(a) require the applicant to undergo a further medical examination by a medical practitioner or practitioners approved by the Commission;

(b) seek further information from the applicant's Head of Agency or former Head of Agency;

(c) seek further information concerning the applicant's capacity and prospects for employment;

(d) require the applicant or person making the request to submit further evidence as the Commission may consider appropriate.

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

(5)  If an election under subregulation (2) is not made within the required time, the preliminary decision is taken to be the final decision of the Commission.

(6)  The Commission may reduce or extend the period referred to in subregulation (2) on the written application of the applicant within the period of 21 days referred to in that subregulation.