Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Board may
require a Gold State Super Member to provide medical information
when —
(a) the
Member first becomes a Gold State Super Member;
(b) if
the Member works on a part-time basis —
(i)
his or her hours of work are increased; or
(ii)
he or she starts working on a full-time basis,
and the Employer and
Member reasonably expect that change is not of a temporary nature;
(c) an
application by the Member under regulation 22(2) is accepted; or
(d) an
application by the Member under regulation 23(1) is accepted.
(2) If a Member fails
to provide medical information when required to do so under subregulation (1)
the Board may impose a health condition on the Member.
(3) If, after
considering medical information provided by a Gold State Super Member, the
Board is satisfied that the Member is suffering from a physical or mental
condition that is likely to prevent the Member from satisfactorily performing
his or her duties until the Member turns 60 the Board may impose a
health condition on the Member.
(4) If, in reliance on
a statement made in medical information provided by a Gold State Super Member,
the Board does not impose a health condition on the Member and the Board
subsequently becomes aware that —
(a) the
Member knew the statement was untrue; or
(b) the
statement was misleading because it omitted material information of which the
Member had knowledge,
the Board may impose a
health condition on the Member.
(5) If a Member who is
subject to a health condition satisfies the Board that his or her health has
improved since the condition was imposed, the Board may —
(a)
remove or vary the condition; or
(b) in
the case of a condition of the kind described in paragraph (b) of the
definition of “health condition” in regulation 12, replace it with
one of the kind described in paragraph (a) of that definition.
(6) If the Board
imposes a health condition on a Member in circumstances described in
subregulation (1)(b), the condition applies only in respect of the
Member’s membership relating to the increased working hours.
(7) If the Board
imposes a health condition on a Member in circumstances described in
subregulation (1)(c) or (d), the condition applies only in respect of the
Member’s period of membership after the application is accepted.
(8) In this
regulation —
"provide medical information" means —
(a)
undergo one or more medical examinations as required by the Board and provide
the resulting medical reports to the Board; or
(b)
provide to the Board —
(i)
information about —
(I) the Member’s health and medical
history; and
(II) any other matter
the Board considers relevant,
and
(ii)
medical reports,
required by the Board
to enable it to determine the Member’s state of health and eligibility
for benefits.