Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97Q

  (1)   If:

  (a)   a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time ); and

  (b)   the body corporate continues in existence; and

  (c)   the amount that represents so much of available scheme funds as is attributable to:

  (i)   premiums paid by the body corporate before the cessation time; and

  (ii)   special premiums paid by the body corporate before the cessation time; and

  (iii)   interest earned on the premiums and special premiums referred to in subparagraphs   (i) and (ii);

    exceeds Comcare's liability (if any) under this Act (including liability under actions for non - economic loss), in respect of injuries suffered before the cessation time:

  (iv)   if the body corporate did not hold a licence in force under Part   VIII--by employees of the body corporate; and

  (v)   if the body corporate held such a licence--by employees of the body corporate in respect of whom the body corporate was not authorised to accept liability;

Comcare may make a determination that an amount equal to the excess is payable to the body corporate by way of a refund of premiums paid to Comcare by the body corporate.

  (2)   The amount is to be paid by Comcare within 28 days after the determination is made.

  (2A)   A determination under subsection   (1) may only be made during the 7 - year period beginning at the cessation time.

  (3)   For the purposes of paragraph   (1)(c):

  (a)   liability includes prospective liability; and

  (b)   assume that Comcare's liability is not contingent on:

  (i)   the making of a claim for compensation; or

  (ii)   the giving of a notice under section   53.