Document ID: chunk:federal_register_of_legislation:C2016A00003:clause:1_41c
Version: federal_register_of_legislation:C2016A00003
Segment Type: clause
Provision Reference: sch 1 cl 41C
Character Range: 5748–8173

41C  Application of rehabilitation provisions to successors of former Commonwealth authorities

Successor is a Commonwealth authority or Entity
 (1) If:
 (a) a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time); and
 (b) the body corporate ceases to exist at the cessation time; and
 (c) under a legislative instrument made by the Minister, a specified Commonwealth authority or Entity is taken to be the successor of the body corporate for the purposes of this subsection; and
 (d) before the cessation time, an employee of the body corporate suffered an injury resulting in an incapacity for work or an impairment;
then:
 (e) the definition of rehabilitation authority in subsection 4(1), and sections 36, 37, 38, 39, 41 and 41A, apply after the cessation time, in relation to the injury, as if:
 (i) the employee were employed by the successor; and
 (ii) the principal executive officer of the successor were the principal officer of the successor; and
 (f) if, after the cessation time, the employee is undertaking, or has completed, a rehabilitation program in relation to the injury—the successor is, for the purposes of section 40, taken to be the relevant employer of the employee.

Successor is neither a Commonwealth authority nor an Entity
 (2) If:
 (a) a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time); and
 (b) the body corporate ceases to exist at the cessation time; and
 (c) under a legislative instrument made by the Minister, a specified body, person, organisation or group of persons is taken to be the successor of the body corporate for the purposes of this subsection; and
 (d) the successor is neither a Commonwealth authority nor an Entity; and
 (e) before the cessation time, an employee of the body corporate suffered an injury resulting in an incapacity for work or an impairment;
then:
 (f) the definition of rehabilitation authority in subsection 4(1), and sections 36, 37, 38, 39, 41 and 41A, apply after the cessation time, in relation to the injury, as if:
 (i) the employee were employed by the successor; and
 (ii) the successor were a Commonwealth authority; and
 (g) if, after the cessation time, the employee is undertaking, or has completed, a rehabilitation program in relation to the injury—the successor is, for the purposes of section 40, taken to be the relevant employer of the employee.