Document ID: chunk:federal_register_of_legislation:C2004A04386:body:0:p13
Version: federal_register_of_legislation:C2004A04386
Segment Type: other
Provision Reference: 
Character Range: 30140–32766

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

"(11) 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.

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

"(13) A decision in any proceedings referred to in subsection (9) or (10) is binding on the authority and on Comcare, whether or not Comcare becomes a party to the proceedings.

Effect of grant of Class 3 Licence

"107M.(1) If a Commonwealth authority is granted a Class 3 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 is liable to pay compensation, or make any 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 after the licence comes into force, and Comcare is not liable to pay that compensation or make those other payments.

"(3) If the licence is subject to a condition that the liability of the authority to pay compensation, or make any other payments, under this Act in relation to a claim in respect of an injury, loss or damage suffered by, or in respect of the death of, an employee of the authority is not to exceed a specified 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) Subject to subsection (5), the authority has the responsibility for determining claims for compensation