108CThe consequences of a licensee’s authorisation to manage claims

#### 108C The consequences of a licensee’s authorisation to manage claims (1) If a licensee is authorised to manage claims, the licensee must determine any particular claim that the licensee is authorised to manage in accordance with the scope of its licence. (2) If a licensee is authorised to manage claims made before the licence comes into force, then, in respect of any particular claim that the licensee is authorised to manage: (a) a determination made by Comcare that is in force immediately before the licence comes into force is taken, after that time, to have been a determination made by the licensee in relation to that claim; and (b) any other thing done by Comcare that is in force immediately before the licence comes into force is taken, after that time, to have been done by the licensee in relation to that claim. (3) If a licensee is authorised to manage claims, then, in respect of any particular claim that the licensee is authorised to manage: (a) any notice or claim given or made under Part V after the licence comes into force is to be given or made to the licensee; and (b) any notice or claim given or made under Part V to Comcare, in force immediately before the licence comes into force, continues in force, after that time, as if it had been given or made to the licensee. (4) If: (a) any proceedings (including proceedings under Part VI) to which Comcare is a party are brought in relation to a determination made, or thing done, by Comcare before a licence comes into force; and (b) those proceedings have not been concluded before the licence comes into force; those proceedings may be continued after that time and, for the purpose of the proceedings as so continued, the licensee is taken to replace Comcare as a party to the proceedings. (5) If, after a licence comes into force: (a) a determination made or other thing done by Comcare is treated under subsection (2) as having been made or done by the licensee; or (b) a notice or claim given or made under Part V to Comcare is treated under subsection (3) as if it had been given or made to the licensee; or (c) proceedings (including proceedings under Part VI) to which Comcare is a party are treated under subsection (4) as proceedings to which the licensee is a party; Comcare must inform the licensee, as soon as practicable, of that determination made or other thing done, of that notice or claim, or of those proceedings. (6) If, in accordance with subsection (4), the licensee replaces Comcare as a party to the proceedings, the court or tribunal before which the proceedings have been brought must, on application by Comcare, join Comcare as a party to the proceedings. (7) If a licensee is authorised to manage claims, any proceedings (including proceedings under Part VI) that may be brought: (a) in relation to a determination made, or taken to have been made, by the licensee in managing such a claim; or (b) in relation to any thing done, or taken to have been done, by the licensee in managing such a claim; must be brought against the licensee. (8) If proceedings are brought against the licensee in accordance with subsection (7): (a) the licensee must inform Comcare as soon as practicable that the proceedings have been brought; and (b) the court or tribunal before which the proceedings have been brought must, on application by Comcare, join Comcare as a party to the proceedings. (9) An application by Comcare under subsection (6) or (8): (a) may be made by filing a notice in the registry of the court or tribunal concerned; and (b) must be notified to the other parties to the proceeding by serving on them a copy of the notice so filed. (10) A decision in proceedings referred to in subsection (4) or (7) is binding on the licensee and on Comcare, whether or not Comcare is joined as a party to the proceedings.