Document ID: chunk:federal_register_of_legislation:C2006A00030:clause:2_112b
Version: federal_register_of_legislation:C2006A00030
Segment Type: clause
Provision Reference: sch 2 cl 112B
Character Range: 21021–22315

112B  Making of compensation payments through employers of employees not paid out of public money

 (1) This section applies if:
 (a) Comcare is liable to pay an amount of compensation under Division 3 of Part II to an employee; and
 (b) payments by the employer to the employee of salary or wages (ignoring section 116) are not made out of public money.

 (2) Comcare may instead make a payment to the employer in respect of the compensation.

 (3) Before making the payment, Comcare must advise the employer of its intention to do so (the payment is called the advised payment).

 (4) Subject to section 23A, the employer must, either before or after receiving the advised payment, make a payment of an equal amount to the employee, out of money that the employer holds on its own account.

Note: Section 23A requires the employer to set off repayments of salary etc. made to the employee in relation to the pre‑determination period against amounts payable by the employer under this subsection.

 (5) The payment by the employer is taken for the purposes of this Act (other than section 90C) to be a payment by Comcare in discharge of its liability to pay the compensation.

 (6) When the advised payment is received by the employer, it is money that the employer holds on its own account.