Document ID: chunk:federal_register_of_legislation:C2004A04386:body:0:p15
Version: federal_register_of_legislation:C2004A04386
Segment Type: other
Provision Reference: 
Character Range: 34903–37458

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.

"(10) 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.

"(11) Any proceedings (including proceedings under Part VI) to which Comcare was a party, being proceedings relating to a

determination that is taken by subsection (7) 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.

"(12) Any proceedings (including proceedings under Part VI) that may be brought in relation to a determination by the authority 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, are to be brought against the authority but, if proceedings are so brought:

    (a) the authority must tell Comcare as soon as practicable that the proceedings have been brought; and

    (b) if it appears to Comcare that it may have a liability in respect of the injury, loss, damage or death, it is entitled to become a party to the proceedings.

"(13) Comcare becomes a party to the proceedings by filing a notice in the registry of the court or tribunal concerned stating that it wishes to become a party.

"(14) Comcare must serve a copy of the notice on the authority and on the other party, or each other party, to the proceedings.

"(15) A decision in any proceedings referred to in subsection (11) or (12) is binding on the authority and 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,