Document ID: chunk:federal_register_of_legislation:F2020C00116:body:0:p2
Version: federal_register_of_legislation:F2020C00116
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Character Range: 2633–5405

is defined in regulation 99.010 of CASR has the meaning given by the regulation.

4 Application of regulation 99.045 of CASR
       For the definition of DAMP-like program, regulation 99.045 of CASR must be applied as if:
(a) a reference in that regulation to a DAMP organisation were a reference to a non‑DAMP organisation; and
(b) a reference in that regulation to a DAMP were a reference to a DAMP-like program; and
(c) a reference in that regulation to a SSAA employee of the DAMP organisation were a reference to an employee of the non-DAMP organisation who performs, or is available to perform, an applicable SSAA for the DAMP organisation; and
(d) a reference in paragraph 99.045 (c) to a person in the DAMP organisation who has the role of DAMP contact officer were a reference to a person in the non‑DAMP organisation who has the role of DAMP-like program contact officer; and
(e) a reference in paragraph 99.045 (c) to a person in the DAMP organisation who has the role of DAMP supervisor were a reference to a DAMP-like program supervisor; and
(f) paragraphs (a) to (e) above applied similarly to references occurring in regulation 99.050, 99.055, 99.060, 99.065, 99.070 or 99.075 (a referred provision), for the purposes of this section; and
(g) a reference in a referred provision to a DAMP medical review officer were a reference to a DAMP-like program medical review officer.

5 Exemption — provision of applicable SSAA by non-DAMP organisation to DAMP organisation
       (1)This section applies if:
(a) there is a written contract between a DAMP organisation and a non-DAMP organisation under which the non-DAMP organisation provides an applicable SSAA to the DAMP organisation; and
(b) an employee of the non-DAMP organisation performs, or is available to perform, the applicable SSAA for the DAMP organisation; and
(c) the non-DAMP organisation has a DAMP-like program that covers the employee; and
(d) the DAMP organisation has agreed in writing that the DAMP-like program that covers the employee is to apply instead of the DAMP of the DAMP organisation in relation to the employee's performance of, or availability to perform, the applicable SSAA for the DAMP organisation; and
(e) the DAMP organisation is satisfied on reasonable grounds that the non‑DAMP organisation is implementing its DAMP-like program in relation to the employee.
Note   The DAMP-like program must be approved in writing by CASA — see definition of DAMP-like program in section 3.
       (2) Subject to subsection (3), the DAMP organisation is exempt from compliance with:
(a) subregulation 99.030 (4) of CASR, to the extent that it requires the DAMP organisation to comply with paragraph 99.045 (d) of CASR in relation to a non‑DAMP organisation's employee who performs, or is