Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97B

  (1)   Comcare must, in respect of each Entity and Commonwealth authority that did not make arrangements for insurance cover in respect of possible liability under actions for non - economic loss in respect of injuries suffered by its employees at any time during:

  (a)   the financial year starting on 1   July 1999; or

  (b)   the financial year starting on 1   July 2000; or

  (c)   the financial year starting on 1   July 2001;

determine, within 12 months after the commencement of this section, a special premium to be paid by that Entity or authority in respect of either, or both, of those financial years, as the case requires.

  (2)   The Commission may prepare and issue to the Chief Executive Officer written guidelines in relation to the determination of the special premium.

  (3)   The Commission must not issue guidelines that are inconsistent with any directions under section   73 of this Act.

  (4)   Any guidelines that are inconsistent with a direction of the kind referred to in subsection   (3) have no effect to the extent of the inconsistency.

  (5)   The provisions of this Division relating to:

  (a)   notification of the determination of premium; and

  (b)   the date of effect of a determination of premium and provision for payment of the premium; and

  (c)   procedures for review of the premium by Comcare and the Commission; and

  (d)   provisions for refund or variation of the premium and for repayments of any premium excess;

apply, subject to such modifications and adaptations (if any) as the regulations provide, in relation to the special premium in similar manner as they apply in relation to a premium paid in respect of the financial year starting on 1   July 2002 as if:

  (e)   the special premium were a premium determined under section   97; and

  (f)   the financial year, or each financial year, to which a special premium relates were the financial year starting on that date.

  (6)   If a special premium is paid to Comcare:

  (a)   it is to be dealt with in the same manner as if it were a premium paid in respect of the financial year starting on 1   July 2002; and

  (b)   it may be applied by Comcare under section   90C to pay, on behalf of an Entity or Commonwealth authority, any damages or costs awarded under, or any amount agreed to be paid in settlement of, an action for non - economic loss.