Document ID: chunk:federal_register_of_legislation:C2006C00126:clause:2_108a:p1
Version: federal_register_of_legislation:C2006C00126
Segment Type: clause
Provision Reference: sch 2 cl 108A (pt 1/2)
Character Range: 67923–70599

108A  The consequences of a licensee's authorisation to accept liability

 (1) If:
 (a) a licensee is authorised to accept liability to pay compensation and other amounts under this Act in respect of particular injury, loss or damage suffered by, or in respect of the death of, some or all of its employees; and
 (b) such injury, loss, damage or death occurs;
then:
 (c) the licensee is liable to pay compensation and other amounts under this Act in respect of that injury, loss, damage or death; and
 (d) Comcare is not liable to pay compensation or other amounts under this Act in respect of that injury, loss, damage or death.

 (2) Nothing in subsection (1) affects Comcare's liability to pay compensation or other amounts under this Act in respect of a particular injury, loss, damage or death for which Comcare would have been liable, but for the operation of the licence, to the extent that the liability is not a liability that the licensee is authorised to accept.

 (3) The fact that a licensee is authorised to accept liability to pay compensation and other amounts under this Act in respect of a particular injury, loss, damage or death does not render the licensee liable to have any proceedings (including proceedings under Part VI) brought against it in respect of that particular injury, loss, damage or death other than proceedings for the recovery of that compensation and those other amounts.

Note: If licensees are authorised to manage claims, proceedings may be brought against them in respect of the management of those claims (see subsection 108C(7)).

 (4) If proceedings have been brought against Comcare in respect of a particular injury, loss, damage or death for which a licensee is liable to pay compensation or other amounts under this Act, Comcare must inform the licensee, in writing, as soon as practicable, that the proceedings have been brought.

 (5) On being informed that proceedings have been brought against Comcare in respect of a particular injury, loss, damage or death, the court or tribunal before which the proceedings have been brought must, on application of the licensee, join the licensee as a party to the proceedings.

 (6) A decision in any proceedings referred to in subsection (4) is binding on Comcare and on the licensee concerned, whether or not the licensee has made application to become a party to the proceedings.

 (7) If a licensee who is a corporation is authorised to accept liability to pay compensation and other amounts under this Act in respect of a particular injury, loss or damage suffered by, or in respect of the death of, some or all of its employees after the licence comes into force then:
 (a) no