Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 41C

Successor is a Commonwealth authority or Entity

  (1)   If:

  (a)   a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time ); and

  (b)   the body corporate ceases to exist at the cessation time; and

  (c)   under a legislative instrument made by the Minister, a specified Commonwealth authority or Entity is taken to be the successor of the body corporate for the purposes of this subsection; and

  (d)   before the cessation time, an employee of the body corporate suffered an injury resulting in an incapacity for work or an impairment;

then:

  (e)   the definition of rehabilitation authority in subsection   4(1), and sections   36, 37, 38, 39, 41 and 41A, apply after the cessation time, in relation to the injury, as if:

  (i)   the employee were employed by the successor; and

  (ii)   the principal executive officer of the successor were the principal officer of the successor; and

  (f)   if, after the cessation time, the employee is undertaking, or has completed, a rehabilitation program in relation to the injury--the successor is, for the purposes of section   40, taken to be the relevant employer of the employee.

Successor is neither a Commonwealth authority nor an Entity

  (2)   If:

  (a)   a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time ); and

  (b)   the body corporate ceases to exist at the cessation time; and

  (c)   under a legislative instrument made by the Minister, a specified body, person, organisation or group of persons is taken to be the successor of the body corporate for the purposes of this subsection; and

  (d)   the successor is neither a Commonwealth authority nor an Entity; and

  (e)   before the cessation time, an employee of the body corporate suffered an injury resulting in an incapacity for work or an impairment;

then:

  (f)   the definition of rehabilitation authority in subsection   4(1), and sections   36, 37, 38, 39, 41 and 41A, apply after the cessation time, in relation to the injury, as if:

  (i)   the employee were employed by the successor; and

  (ii)   the successor were a Commonwealth authority; and

  (g)   if, after the cessation time, the employee is undertaking, or has completed, a rehabilitation program in relation to the injury--the successor is, for the purposes of section   40, taken to be the relevant employer of the employee.