Document ID: chunk:federal_register_of_legislation:C2006C00126:clause:2_108c:p1
Version: federal_register_of_legislation:C2006C00126
Segment Type: clause
Provision Reference: sch 2 cl 108C (pt 1/2)
Character Range: 72405–74971

108C  The consequences of a licensee's authorisation to manage claims

 (1) If a licensee is authorised to manage claims, the licensee must determine any particular claim that the licensee is authorised to manage in accordance with the scope of its licence.

 (2) If a licensee is authorised to manage claims made before the licence comes into force, then, in respect of any particular claim that the licensee is authorised to manage:
 (a) a determination made by Comcare that is in force immediately before the licence comes into force is taken, after that time, to have been a determination made by the licensee in relation to that claim; and
 (b) any other thing done by Comcare that is in force immediately before the licence comes into force is taken, after that time, to have been done by the licensee in relation to that claim.

 (3) If a licensee is authorised to manage claims, then, in respect of any particular claim that the licensee is authorised to manage:
 (a) any notice or claim given or made under Part V after the licence comes into force is to be given or made to the licensee; and
 (b) any notice or claim given or made under Part V to Comcare, in force immediately before the licence comes into force, continues in force, after that time, as if it had been given or made to the licensee.

 (4) If:
 (a) any proceedings (including proceedings under Part VI) to which Comcare is a party are brought in relation to a determination made, or thing done, by Comcare before a licence comes into force; and
 (b) those proceedings have not been concluded before the licence comes into force;
those proceedings may be continued after that time and, for the purpose of the proceedings as so continued, the licensee is taken to replace Comcare as a party to the proceedings.

 (5) If, after a licence comes into force:
 (a) a determination made or other thing done by Comcare is treated under subsection (2) as having been made or done by the licensee; or
 (b) a notice or claim given or made under Part V to Comcare is treated under subsection (3) as if it had been given or made to the licensee; or
 (c) proceedings (including proceedings under Part VI) to which Comcare is a party are treated under subsection (4) as proceedings to which the licensee is a party;
Comcare must inform the licensee, as soon as practicable, of that determination made or other thing done, of that notice or claim, or of those proceedings.

 (6) If, in accordance with subsection (4), the licensee replaces Comcare as a party to the proceedings, the court or tribunal before