Document ID: chunk:federal_register_of_legislation:C2004A04386:body:0:p12
Version: federal_register_of_legislation:C2004A04386
Segment Type: other
Provision Reference: 
Character Range: 27886–30390

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 into force—the authority would have had the responsibility for determining the relevant claim if the licence had been in force at that time.

"(5) Any determination made by Comcare and in force immediately before the day on which the licence comes into force in respect of its liability to pay compensation, or make any other payment, under this Act in respect of an injury, loss or damage suffered by, or in respect of the death of, a relevant employee is taken, on and after that day, to have been made by the authority.

"(6) Any other thing done by Comcare before the day on which the licence comes into force for the purposes of or in connection with the making of a determination in respect of its liability to pay compensation, or make any other payment, under this Act in respect of an injury, loss or damage suffered by, or in respect of the death of, a relevant employee is taken, on and after that day, to have been done by the authority.

"(7) Any notice or claim under Part V 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, is to be given or made to the authority.

"(8) Any notice or claim given or made to Comcare under Part V and in force immediately before the day on which the licence comes into force, being a notice or claim in respect of an injury, loss or damage suffered by, or in respect of the death of, a relevant employee, continues to have effect, on and after that day, as if it had been given or made to the authority.

"(9) Any proceedings (including proceedings under Part VI) to which Comcare was a party, being proceedings relating to a determination that is taken by subsection (5) to have been made by the authority, in respect of an injury, loss or damage suffered by, or in respect of the death of, a relevant employee that had been brought but not completed before the day on which the licence comes into force, may be continued on and after that day and, if the proceedings are so continued:

    (a) the authority replaces Comcare as a party to the proceedings; but

    (b) Comcare is entitled to become a party to the proceedings.

"(10) Any proceedings (including