40Question as to disability determined by Board on medical officers' report

40 Question as to disability determined by Board on medical officers' report

S. 40(1) amended by Nos 49/1992 s. 103(a), 23/1994 s. 118(Sch. 1 item 58.3), 120/1994 s. 77.

(1) If any question arises as to—

(a) whether a member is unable by reason of disability to perform his or her duties; and

(b) whether the disability is due to his or her fault—

the question is to be determined by the Board (whether before or after the retirement of the member on the ground of disability) after considering, among other things, reports from at least 2 registered medical practitioners appointed by the Board as medical officers for the purposes of this Act.

S. 40(2) amended by No. 49/1992 s. 103(b)(i)(ii).

(2) After the Board receives reports from the medical officers and has made a determination on the issue which is adverse to the member, the member has the right to require the Board to review its determination and obtain a further report from—

S. 40(2)(a) amended by No. 23/1994 s. 118(Sch. 1 item 58.3).

(a) a registered medical practitioner mutually agreed upon by the member and the Board; or

S. 40(2)(b) amended by Nos 23/1994 s. 118(Sch. 1 item 58.3), 46/1998 s. 7(Sch. 1).

(b) if the member and the Board do not agree, a registered medical practitioner appointed by the Minister.

S. 40A inserted by No. 40/2010 s. 102.