Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For a defence - related claim made before the MRCA commencement date:
(a) a determination made by Comcare that is in force immediately before that date is taken, after that date, to have been a determination made by the MRCC in relation to that claim; and
(b) any other thing done by Comcare that is in force immediately before the MRCA commencement date is taken, after that date, to have been done by the MRCC in relation to that claim.
(2) For any defence - related claim:
(a) a notice or claim given or made under Part V after the MRCA commencement date is to be given or made to the MRCC; and
(b) a notice or claim given or made under Part V to Comcare and in force immediately before the MRCA commencement date continues in force, after that date, as if it had been given or made to the MRCC.
(3) If, for a defence - related claim:
(a) any proceedings (including proceedings under Part VI) to which Comcare is a party are brought in relation to a determination made, or thing done, by Comcare before the MRCA commencement date; and
(b) those proceedings have not been concluded before that date;
those proceedings may be continued on or after that date. For the purpose of the proceedings as so continued, the MRCC replaces Comcare as a party to the proceedings.
(4) If, on or after the MRCA commencement date:
(a) a determination made or other thing done by Comcare is treated under subsection (1) as having been made or done by the MRCC; or
(b) a notice or claim given or made under Part V to Comcare is treated under subsection (2) as if it had been given or made to the MRCC; or
(c) proceedings (including proceedings under Part VI) to which Comcare is a party are treated under subsection (3) as proceedings to which the MRCC is a party;
Comcare must inform the MRCC, as soon as practicable, of that determination made or other thing done, of that notice or claim, or of those proceedings.
(5) If, under subsection (3), the MRCC replaces Comcare as a party to proceedings, the court or tribunal before which the proceedings have been brought must, on application by Comcare, join Comcare as a party to the proceedings.
(6) Any proceedings (including proceedings under Part VI) that may be brought:
(a) in relation to a determination made, or taken to have been made, by the MRCC in managing such a claim; or
(b) in relation to any thing done, or taken to have been done, by the MRCC in managing such a claim;
must be brought against the MRCC.
(7) If proceedings are brought against the MRCC in accordance with subsection (6):
(a) the MRCC must inform Comcare as soon as practicable that the proceedings have been brought; and
(b) the court or tribunal before which the proceedings have been brought must, on application by Comcare, join Comcare as a party to the proceedings.
(8) An application by Comcare under subsection (5) or (7):
(a) may be made by filing a notice in the registry of the court or tribunal concerned; and
(b) must be notified to the other parties to the proceeding by serving on them a copy of the notice so filed.
(9) A decision in proceedings referred to in subsection (3) or (6) is binding on the MRCC and on Comcare, whether or not Comcare is joined as a party to the proceedings.
(10) For proceedings referred to in this section:
(a) in which the MRCC replaces Comcare as a party; or
(b) brought against the MRCC;
the Commonwealth is liable to pay any amounts for which the MRCC would otherwise be liable.