Commonwealth Numbered Acts

COMMONWEALTH EMPLOYMENT (MISCELLANEOUS AMENDMENTS) ACT 1992 No. 95 of 1992 - SECT 25

25. Before Part IX of the Principal Act the following Part is inserted:

"PART VIIIA - LICENCES TO AUTHORITIES TO ACCEPT LIABILITY
FOR PAYMENT OF, AND TO DETERMINE, CLAIMS Object

"107A. The object of this Part is to provide for the licensing of certain
Commonwealth authorities for the purpose of doing either or both of the
following:

   (a)  transferring to them the whole or a part of the liability to pay
        compensation in respect of some or all of their employees;

   (b)  transferring to them the function of determining certain claims for
        compensation in respect of some or all of their employees.
        Interpretation

"107B. In this Part, unless the contrary intention appears:
'claim' includes a request;
'determination' includes a decision or requirement;
'variation', in relation to the conditions to which a licence is subject,
includes the addition of a new condition, an alteration to an existing
condition or the omission of an existing condition. Classes of licence

"107C. There are to be 3 classes of licences that may be granted for the
purposes of this Part, namely Class 1 Licences, Class 2 Licences and Class 3
Licences. Application for licence

"107D.(1) A Commonwealth authority may apply to the Commission for a licence
under this Part.

"(2) The application must:

   (a)  be in writing in such form as the Commission approves; and

   (b)  specify the class of licence applied for; and

   (c)  be signed by the principal officer of the authority; and

   (d)  be accompanied by such documents as the Commission directs; and

   (e)  be lodged at, or sent by post to, the office of the Commission.

"(3) The authority is liable to pay to the Commonwealth in respect of the
application an application fee equal to the amount estimated by the Commission
to be the cost of considering the application.

"(4) The Commission is to give written notice to the authority of the amount
of the application fee and:

   (a)  if the notice is given before the application is made - the
        application fee is to accompany the application; or

   (b)  otherwise - the application fee is to be paid as soon as practicable
        after the notice is given. Consideration of application

"107E.(1) The Commission must consider the application in accordance with the
criteria applicable in respect of the class of licence applied for and must
give written notice to the Commonwealth authority of the Commission's decision
on the application.

"(2) A notice given to an authority is to include brief particulars of the
reasons for the Commission's decision. Criteria for grant of licences

"107F.(1) This section sets out the criteria to be considered by the
Commission in deciding an application by a Commonwealth authority for a
licence.

"(2) The criteria for a Class 1 Licence are:

   (a)  whether the authority is likely to have sufficient financial resources
        to discharge its liability to pay compensation in respect of its
        employees; and

   (b)  any other matters that the Commission considers relevant.

"(3) The criteria for a Class 2 Licence are:

   (a)  whether the authority is likely to be able to meet the standards set
        by the Commission for the management of claims for compensation and
        the rehabilitation of employees; and

   (b)  the likely attitude of employees of the authority to the grant of such
        a licence; and

   (c)  any other matters that the Commission considers relevant.

"(4) The criteria for a Class 3 Licence are the same as the criteria for a
Class 1 Licence and a Class 2 Licence. Conditions of licence

"107G.(1) A licence is subject to:

   (a)  a condition that the authority will comply with the requirements of
        this Act that are applicable to it; and

   (b)  without limiting the generality of paragraph (a), a condition that the
        authority will pay any fees referred to in section 107R that are
        applicable to it; and

   (c)  such other conditions as the Commission determines when granting the
        licence.

"(2) At any time while a licence is in force the Commission may vary the
conditions to which the licence is subject under paragraph (1)(c).

"(3) Without limiting the conditions to which a licence may be subject, a
licence may be subject to any one or more of the following conditions:

   (a)  a condition that the licence applies only in respect of claims made by
        a specified class of employees of the authority, for example employees
        employed in a particular State or Territory;

   (b)  a condition that, if both the authority and Comcare are parties to any
        proceedings (including proceedings under Part VI) in relation to a
        matter arising under this Act, the authority will not cause or permit
        to be made on its behalf to the court or tribunal concerned any
        submission that Comcare or the Commission has requested the authority
        not to make;

   (c)  in the case of a Class 1 Licence or a Class 3 Licence:

        (i)    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;

        (ii)   a condition that the authority will obtain such bank or other
               guarantees or other securities as the Commission directs for
               the due discharge of the authority's liability in respect of
               claims, or particular classes of claims, under this Act or in
               respect of so much of that liability as exceeds a specified
               amount;

        (iii)  a condition that the authority will maintain such funds, and in
               such form, as the Commission directs for the purpose of
               enabling the due discharge of the authority's liability in
               respect of claims, or particular classes of claims, under this
               Act or in respect of so much of that liability as exceeds a
               specified amount;

   (d)  in the case of a Class 2 Licence or a Class 3 Licence:

        (i)    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;

        (ii)   a condition that the reconsideration of determinations made by
               the authority is to be carried out by employees of the
               Commonwealth or of another Commonwealth authority.

"(4) If the Commission varies any of the conditions to which a licence is
subject:

   (a)  the Commission must give to the holder of the licence, and cause to be
        published in the Gazette, a notice setting out the variations; and

   (b)  it is not necessary for the licence to be amended to include the
        variations.

"(5) A variation of a condition to which a licence is subject takes effect
when the notice referred to in paragraph (4)(a) is published in the Gazette.
Duration of licence

"107H.(1) A licence comes into force on the date of publication in the Gazette
of the notice referred to in paragraph 107J(1)(a) and continues in force for
such period as the Commission determines.

"(2) The Commission may extend a licence for such period or periods as the
Commission determines. Grant of licence

"107J.(1) If the Commission decides to grant a licence to a Commonwealth
authority, the Commission must:

   (a)  cause to be published in the Gazette a notice:

        (i)    stating that the licence has been granted to the authority; and

        (ii)   specifying the period of the licence; and

        (iii)  setting out any conditions to which the licence is subject
               under paragraph 107G(1)(c); and

   (b)  issue the licence to the authority.

"(2) The licence must:

   (a)  be in such form as the Commission determines; and

   (b)  specify the class of licence; and

   (c)  specify the date of commencement of the licence and the period of the
        licence; and

   (d)  set out any conditions to which the licence is subject under paragraph
        107G(1)(c). Effect of grant of Class 1 Licence

"107K.(1) If a Commonwealth authority is granted a Class 1 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) The imposition by this section of any liability on a Commonwealth
authority in respect of an injury, loss or damage suffered by, or in respect
of the death of, a relevant employee does not render the authority liable to
have any proceedings (including proceedings under Part VI) brought against it
in respect of the injury, loss, damage or death but, if any such proceedings
are brought against Comcare in respect of the injury, loss, damage or death,
Comcare must tell the authority as soon as practicable that the proceedings
have been brought so that the authority may apply to become a party to the
proceedings.

"(5) A decision in any proceedings referred to in subsection (4) is binding on
both Comcare and the authority, whether or not the authority becomes a party
to the proceedings. Effect of grant of Class 2 Licence

"107L.(1) If a Commonwealth authority is granted a Class 2 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 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, but Comcare continues to be
liable to pay that compensation or make those other payments.

"(3) 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.

"(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 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 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 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, to make payments
        accurately and quickly in accordance with determinations made by
        Comcare; and

   (b)  to comply with any conditions to which the licence is subject.

"(2) The functions of a Commonwealth authority that holds a Class 2 Licence
are:

   (a)  to make determinations accurately and quickly in relation to claims
        that it is authorised to determine under this Act; and

   (b)  to maintain contact with the Commission and with Comcare to the extent
        necessary to ensure that, as far as practicable, there is no
        inconsistency in the administrative practices and procedures used by
        Comcare and the authority in the performance of their respective
        functions; and

   (c)  to comply with any conditions to which the licence is subject.

"(3) The functions of a Commonwealth authority that holds a Class 3 Licence
are:

   (a)  to make determinations accurately and quickly in relation to claims
        that it is authorised to determine under this Act; and

   (b)  in discharge of its liability under section 107M, to make payments
        accurately and quickly in accordance with determinations made by it or
        by Comcare; and

   (c)  to maintain contact with the Commission and with Comcare to the extent
        necessary to ensure that, as far as practicable, there is no
        inconsistency in the administrative practices and procedures used by
        Comcare and the authority in the performance of their respective
        functions; and

   (d)  to comply with any conditions to which the licence is subject. Powers

"107P. A licensed authority has power to do all things necessary or convenient
to be done for, or in connection with, the performance of its functions.
Manner in which claims are to be determined

"107Q. In performing the function referred to in paragraph 107N(2)(a) or 3(a),
a licensed authority:

   (a)  is to be guided by equity, good conscience and the substantial merits
        of the case, without regard to technicalities; and

   (b)  is not required to conduct a hearing; and

   (c)  is not bound by the rules of evidence. Licence fees

"107R.(1) At the date of commencement of a licence, and at each anniversary of
that date while the licence is in force, the licensed authority is liable to
pay a fee in respect of the holding or continued holding of the licence.

"(2) The amount of the fee is the amount notified in writing to the authority
by the Commission, being the amount estimated by the Commission to represent:

   (a)  the costs of the Commission in monitoring during the relevant period
        the performance by the authority of its obligations under the licence;
        and

   (b)  so much of the costs of Comcare in giving assistance, and making
        available services and resources, to the Commission under section 72A
        during the relevant period as are reasonably attributable to the
        performance or exercise by the Commission of its functions and powers
        in relation to the authority.

"(3) For the purposes of subsection (2), the relevant period is:

   (a)  in the case of a fee payable at the date of commencement of the
        licence - the period commencing on that date and ending immediately
        before the first anniversary of that date; or

   (b)  in the case of a fee payable at an anniversary of that date - the
        period commencing on that anniversary and ending immediately before
        the next anniversary of that date.

"(4) The fee is a debt due to the Commonwealth and payable to Comcare within
such period after it is notified to the authority as the Commission
determines. Directions by Commission

"107S.(1) The Commission may, by written notice given to the principal officer
of a licensed authority, give a direction to the authority with respect to the
performance of its functions or the exercise of its powers under this Act,
either generally or in respect of a particular matter or a particular class of
matters.

"(2) Without limiting the generality of subsection (1), if a licensed
authority has failed to comply with a condition to which the licence is
subject, the power of the Commission under subsection (1) extends to giving a
direction to the authority to comply with the condition by doing, or
refraining from doing, anything specified in the direction.

"(3) A licensed authority must comply with a direction given to it under this
section. Delegation by licensed authority

"107T. A licensed authority may, by writing signed by its principal officer,
delegate to an officer of, or a person employed by:

   (a)  that authority; or

   (b)  the Commonwealth; or

   (c)  any other Commonwealth authority; all or any of the powers and
        functions of the licensed authority under this Act. Information
        relating to operations of licensed authority

"107U.(1) For the purpose of enabling the Commission to comply with paragraph
89S(2)(c), the principal officer of a licensed authority must, on the written
request of the Commission, give to the Commission such information relating to
the operations of the authority under this Act as is specified in the request.

"(5) A decision in any proceedings referred to in subsection (4) is binding on
both Comcare and the authority, whether or not the authority becomes a party
to the proceedings. Suspension or revocation of licence for breach of
condition

"107V.(1) If it appears to the Commission that a licensed authority may have
failed to comply with a condition to which the licence is subject, the
Commission may give written notice to the authority:

   (a)  stating that it appears to the Commission that the authority may have
        failed to comply with the condition; and

   (b)  giving particulars of the matters that the Commission considers may
        constitute such a failure; and

   (c)  stating that, if the Commission is satisfied that a failure has
        occurred, it may:

        (i)    in the case of a Class 2 Licence or Class 3 Licence - suspend
               the licence; or

        (ii)   in any case - revoke the licence; and

   (d)  inviting the authority, within 30 days after receiving the notice, to
        make written submissions in relation to the matter.

"(2) At the end of the period referred to in paragraph (1)(d), if the
Commission, after considering any submissions made by the licensed authority,
is satisfied that the failure occurred, the Commission may:

   (a)  in the case of a Class 2 Licence or Class 3 Licence - suspend the
        licence for such period as it thinks fit; or

   (b)  in any case - revoke the licence.

"(3) If the Commission decides to suspend a licence, the Commission must:

   (a)  give written notice to the licensed authority:

        (i)    stating that it has suspended the licence; and

        (ii)   specifying the date of effect, and the period, of the
               suspension; and

        (iii)  setting out the reasons for the suspension; and

   (b)  cause to be published in the Gazette a notice:

        (i)    stating that it has suspended the licence; and

        (ii)   specifying the date of effect, and the period, of the
               suspension.

"(4) If the Commission decides to revoke a licence under this section, the
Commission must:

   (a)  give written notice to the licensed authority:

        (i)    stating that it has revoked the licence under this section; and

        (ii)   specifying the date of effect of the revocation; and

        (iii)  setting out the reasons for the revocation; and

   (b)  cause to be published in the Gazette a notice:

        (i)    stating that it has revoked the licence under this section; and

        (ii)   specifying the date of effect of the revocation. Revocation of
               licence at request of licensed authority

"107W.(1) The Commission may, at the request of a licensed authority, revoke
the licence.

"(2) If the Commission so revokes a licence, the Commission must:

   (a)  give written notice to the licensed authority:

        (i)    stating that it has revoked the licence pursuant to the
               request; and

        (ii)   specifying the date of effect of the revocation; and

   (b)  cause to be published in the Gazette a notice:

        (i)    stating that it has revoked the licence pursuant to a request
               by the authority under this section; and

        (ii)   specifying the date of effect of the revocation. Date of effect
               of suspension or revocation

"107X. The suspension or revocation of a licence takes effect on such date as
the Commission determines, being a date not earlier than the date of
publication in the Gazette of notice of the suspension or revocation. Effect
of suspension

"107Y.(1) While a Class 2 Licence or Class 3 Licence granted to a Commonwealth
authority is suspended, the following provisions have effect in respect of
employees of the authority to whom the licence relates.

"(2) Comcare is to act as agent of the authority for the purpose of receiving
notices and claims, determining claims, conducting proceedings and performing
any other functions that the authority would itself perform if the licence
were not suspended and the authority is not entitled to perform those
functions except through the agency of Comcare.

"(3) In the case of a Class 3 Licence, any liability of the authority under
section 107M is not affected unless Comcare decides, with the consent and
subject to the directions (if any) of the Commission, to discharge that
liability.

"(4) The authority must:

   (a)  pay to Comcare such amount as Comcare determines to be the cost of
        performing functions as the agent of the authority under subsection
        (2); and

   (b)  if Comcare makes any payments in discharge of a liability of the
        authority in accordance with subsection (3) - reimburse Comcare for
        the amount of the payment. Effect of revocation of Class 1 Licence

"107Z.(1) If a Class 1 Licence granted to a Commonwealth authority is revoked,
the following provisions have effect in respect of employees of the authority
to whom the licence related ('relevant employees').

"(2) The authority does not have any liability in respect of an injury, loss
or damage suffered by, or in respect of the death of, a relevant employee on
or after the day on which the revocation takes effect.

"(3) Subject to subsection (4), any liability of the authority under section
107K in respect of an injury, loss or damage suffered by, or in respect of the
death of, a relevant employee before the day on which the revocation takes
effect is not affected.

"(4) Comcare may, with the consent and subject to the directions (if any) of
the Commission, decide to discharge a liability of the authority referred to
in subsection (3) but, if it decides to do so, that liability is taken into
account in varying the estimated amount of the premium of the authority under
section 96H.

"(5) Any proceedings to which the authority was a party, being proceedings
relating to any matter arising under this Act (including proceedings under
Part VI) 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 revocation takes effect, may be continued on and
after that day and, if the proceedings are so continued, the authority ceases
to be a party to the proceedings. Effect of revocation of Class 2 Licence

"107ZA.(1) If a Class 2 Licence granted to a Commonwealth authority is
revoked, the following provisions have effect in respect of employees of the
authority to whom the licence related ('relevant employees').

"(2) The authority ceases to have any responsibility for determining claims
for compensation or for other payments under this Act in respect of relevant
employees.

"(3) Any determination made by the authority and in force immediately before
the day on which the revocation takes effect in respect of Comcare's 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
Comcare.

"(4) Any other thing done by the authority before the day on which the
revocation takes effect in respect of Comcare's 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 Comcare.

"(5) Any notice or claim given or made to the authority under Part V and in
force immediately before the day on which revocation takes effect, 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 Comcare.

"(6) Any proceedings to which the authority was a party, being proceedings
relating to any matter arising under this Act (including proceedings under
Part VI) 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 revocation takes effect, may be continued on and
after that day and, if the proceedings are so continued:

   (a)  the authority ceases to be a party to the proceedings; and

   (b)  if Comcare is not a party to the proceedings, it becomes a party by
        force of this paragraph. Effect of revocation of Class 3 Licence

"107ZB.(1) If a Class 3 Licence granted to a Commonwealth authority is
revoked, the following provisions have effect in respect of employees of the
authority to whom the licence related ('relevant employees').

"(2) The authority does not have any liability in respect of an injury, loss
or damage suffered by, or in respect of the death of, a relevant employee on
or after the day on which the revocation takes effect.

"(3) Subject to subsection (4), any liability of the authority under section
107M in respect of an injury, loss or damage suffered by, or in respect of the
death of, a relevant employee before the day on which the revocation takes
effect is not affected.

"(4) Comcare may, with the consent and subject to the directions (if any) of
the Commission, decide to discharge a liability of the authority referred to
in subsection (3) but, if it decides to do so, that liability is taken into
account in varying the estimated amount of the premium of the authority under
section 96H.

"(5) The authority ceases to have any responsibility for determining claims
for compensation or for other payments under this Act in respect of relevant
employees.

"(6) Any determination made by the authority and in force immediately before
the day on which the revocation takes effect in respect of its or Comcare's
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
Comcare.

"(7) Any other thing done by the authority before the day on which the
revocation takes effect in respect of its or Comcare's 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 Comcare.

"(8) Any notice or claim given or made to the authority under Part V and in
force immediately before the day on which revocation takes effect, 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 Comcare.

"(9) Any proceedings to which the authority was a party, being proceedings
relating to any matter arising under this Act (including proceedings under
Part VI) 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 revocation takes effect, may be continued on and
after that day and, if the proceedings are so continued:

   (a)  the authority ceases to be a party to the proceedings; and

   (b)  if Comcare is not a party to the proceedings, it becomes a party by
        force of this paragraph. Records

"107ZC. The Commission must:

   (a)  keep records of the following:

        (i)    applications made for licences;

        (ii)   refusals of such applications;

        (iii)  licences granted;

        (iv)   conditions to which licences are subject;

        (v)    expiration of licences;

        (vi)   suspension of licences;

        (vii)  revocation of licences; and

   (b)  cause particulars of matters of which records are so required to be
        kept to be included in the annual report of the Commission's
        activities for the financial year to which the matters relate that is
        given to the Minister under section 89S.".