Document ID: chunk:federal_register_of_legislation:C2004A04386:body:0:p16
Version: federal_register_of_legislation:C2004A04386
Segment Type: other
Provision Reference: 
Character Range: 37209–39978

on Comcare, whether or not Comcare is made a party to the proceedings.

Functions of licensed authority

"107N.(1) The functions of a Commonwealth authority that holds a Class 1 Licence are:

    (a) in discharge of its liability under section 107K, to make payments accurately and quickly in accordance with determinations made by Comcare; and

    (b) to comply with any conditions to which the licence is subject.

"(2) The functions of a Commonwealth authority that holds a Class 2 Licence are:

    (a) to make determinations accurately and quickly in relation to claims that it is authorised to determine under this Act; and

    (b) to maintain contact with the Commission and with Comcare to the extent necessary to ensure that, as far as practicable, there is no inconsistency in the administrative practices and

    procedures used by Comcare and the authority in the performance of their respective functions; and

    (c) to comply with any conditions to which the licence is subject.

"(3) The functions of a Commonwealth authority that holds a Class 3 Licence are:

    (a) to make determinations accurately and quickly in relation to claims that it is authorised to determine under this Act; and

    (b) in discharge of its liability under section 107M, to make payments accurately and quickly in accordance with determinations made by it or by Comcare; and

    (c) to maintain contact with the Commission and with Comcare to the extent necessary to ensure that, as far as practicable, there is no inconsistency in the administrative practices and procedures used by Comcare and the authority in the performance of their respective functions; and

    (d) to comply with any conditions to which the licence is subject.

Powers

"107P. A licensed authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

Manner in which claims are to be determined

"107Q. In performing the function referred to in paragraph 107N(2)(a) or 3(a), a licensed authority:

    (a) is to be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities; and

    (b) is not required to conduct a hearing; and

    (c) is not bound by the rules of evidence.

Licence fees

"107R.(1) At the date of commencement of a licence, and at each anniversary of that date while the licence is in force, the licensed authority is liable to pay a fee in respect of the holding or continued holding of the licence.

"(2) The amount of the fee is the amount notified in writing to the authority by the Commission, being the amount estimated by the Commission to represent:

    (a) the costs of the Commission in monitoring during the relevant period the performance