Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 97QE

  (1)   If:

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

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

  (c)   under a law of the Commonwealth that was in force at the cessation time, another body corporate (the successor ) becomes the successor in law of the liabilities of the first body corporate; and

  (d)   under subsection   97HA(5), Comcare has permitted an amount of exit contribution payable by the successor to be paid in instalments; and

  (e)   one or more of those instalments have not been paid; and

  (f)   the amount that represents so much of available scheme funds as is attributable to:

  (i)   premiums paid by the first body corporate before the cessation time; and

  (ii)   special premiums paid by the first body corporate before the cessation time; and

  (iii)   interest earned on the premiums and special premiums referred to in subparagraphs   (i) and (ii); and

  (iv)   instalments of exit contribution paid to Comcare by the successor after the cessation time; and

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

    exceeds 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:

  (vi)   if the first body corporate did not hold a licence in force under Part   VIII--by employees of the first body corporate; and

  (vii)   if the first body corporate held such a licence--by employees of the first body corporate in respect of whom the first body corporate was not authorised to accept liability;

Comcare may remit the whole or a part of the amount of any or all of the unpaid instalments.

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

  (3)   For the purposes of paragraph   (1)(c), liability means any liability, duty or obligation, whether actual, contingent or prospective.

  (4)   For the purposes of paragraph   (1)(f):

  (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)(f), assume that all instalments of exit contributions payable by the successor have been paid to Comcare.