Document ID: chunk:federal_register_of_legislation:C2004A04386:body:0:p14
Version: federal_register_of_legislation:C2004A04386
Segment Type: other
Provision Reference: 
Character Range: 32518–35117

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 or for 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, whether the injury, loss, damage or death occurred before or after the licence comes into force.

"(5) If the licence is subject to a condition that the responsibility of the authority for determining claims does not extend to making a determination that would involve the payment of an amount which, or amounts the total of which, exceeds a specified amount:

    (a) the authority's responsibility for determining claims is limited accordingly; and

    (b) if the authority makes a determination in the expectation that the amount, or the total of the amounts, payable under the determination will not exceed the specified amount but the amount or total so payable exceeds the specified amount—the authority must as soon as practicable give written notice to that effect to Comcare.

"(6) Subsections (7) to (10) 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.

"(7) 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.

"(8) 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.

"(9) 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