Document ID: chunk:federal_register_of_legislation:C2004A04386:body:0:p11
Version: federal_register_of_legislation:C2004A04386
Segment Type: other
Provision Reference: 
Character Range: 25400–28127

amount:

    (a) the authority's liability in respect of such a claim does not exceed that amount; and

    (b) Comcare continues to be liable to pay compensation, or make any other payments, under this Act in respect of such a claim to the extent to which the authority is not liable under paragraph (a) to pay that compensation or make those other payments.

"(4) The imposition by this section of any liability on a Commonwealth authority in respect of an injury, loss or damage suffered by, or in respect of the death of, a relevant employee does not render the authority liable to have any proceedings (including proceedings under Part VI) brought against it in respect of the injury, loss, damage or death but, if any such proceedings are brought against Comcare in respect of the injury, loss, damage or death, Comcare must tell the authority as soon as practicable that the proceedings have been brought so that the authority may apply to become a party to the proceedings.

"(5) A decision in any proceedings referred to in subsection (4) is binding on both Comcare and the authority, whether or not the authority becomes a party to the proceedings.

Effect of grant of Class 2 Licence

"107L.(1) If a Commonwealth authority is granted a Class 2 Licence, the following provisions have effect in respect of employees of the authority to whom the licence relates ('relevant employees').

"(2) Subject to subsection (3), the authority has the responsibility for determining claims for compensation or for other payments under this Act in respect of an injury, loss or damage suffered by, or in respect of the death of, a relevant employee, whether the injury, loss, damage or death occurred before or after the licence comes into force, but Comcare continues to be liable to pay that compensation or make those other payments.

"(3) If the licence is subject to a condition that the responsibility of the authority for determining claims does not extend to making a determination that would involve the payment of an amount which, or amounts the total of which, exceeds a specified amount:

    (a) the authority's responsibility for determining claims is limited accordingly; and

    (b) if the authority makes a determination in the expectation that the amount, or the total of the amounts, payable under the determination will not exceed the specified amount but the

    amount or total so payable exceeds the specified amount—the authority must as soon as practicable give written notice to that effect to Comcare.

"(4) Subsections (5) to (8) apply only if:

    (a) the authority has the responsibility for determining the relevant claim; or

    (b) if a determination was made at a time before the licence came