Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97CC

  (1)   If:

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

  (b)   the amount of 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, exceeds 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); and

  (iv)   exit contributions paid to Comcare by the Australian Capital Territory after the cessation time; and

  (v)   interest earned on exit contributions referred to in subparagraph   (iv);

Comcare may make a determination of the amount of the exit contribution to be paid by the Australian Capital Territory.

  (2)   For the purposes of subsection   (1), the amount of the exit contribution must be equal to or less than the excess.

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

  (4)   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.

  (5)   For the purposes of paragraph   (1)(b), if, under subsection   97HA(5), Comcare has permitted an amount of exit contribution payable by the Australian Capital Territory to be paid in instalments, assume that all of those instalments have been paid to Comcare.