Commonwealth Consolidated Regulations

SAFETY, REHABILITATION AND COMPENSATION REGULATIONS 2002 - REG 13

         (2)   If the licence authorises the licensee to accept liability under the Act for payments in respect of injury, loss or damage suffered by, or the death of, any of its employees:

                (a)    that liability is not affected by the suspension of the licence; and

               (b)    during the suspension period, Comcare may discharge a liability mentioned in paragraph (a); and

                (c)    the licensee must pay to Comcare the full amount of any liability discharged under paragraph (b), unless regulation 13A applies.

         (3)   If the licence authorises the licensee to accept responsibility to manage claims made by its employees:

                (a)    during the suspension period:

                          (i)    the licensee must not manage those claims; and

                         (ii)    Comcare must manage those claims in the name of the licensee; and

                        (iii)    on receiving a claim, notice or other communication, or being served with any proceedings in relation to a claim, the licensee must give the claim, notice, communication or proceedings to Comcare; and

                        (iv)    the licensee must give to Comcare all documents, information and assistance reasonably required for Comcare to manage those claims; and

               (b)    the licensee must pay to Comcare an amount determined by Comcare as the costs incurred by Comcare in managing claims under subparagraph (a) (ii), unless regulation 13A applies; and

                (c)    Comcare is not liable to the licensee for any act or omission in managing claims under subparagraph (a) (ii).

Note    Under section 15 of the Safety, Rehabilitation and Compensation Directions 2002 , the Commission may suspend a licence held by a Commonwealth authority, but may not suspend a licence held by an eligible corporation.