Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97QB

  (1)   If:

  (a)   the Australian Capital Territory ceases to be a Commonwealth authority at a particular time (the cessation time ); and

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

  (i)   premiums paid by the Australian Capital Territory before the cessation time; and

  (ii)   special premiums paid by the Australian Capital Territory 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 by employees of the Australian Capital Territory;

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

  (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)(b):

  (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.