21Consequences of revocation of licence of licensed authority

21 Consequences of revocation of licence of licensed authority

Application (1) This section applies if a licence (the final licence) held by a licensed authority (the former licensed authority) is revoked under paragraph 106(1)(b) or section 107 of the Act. Liability (2) If the final licence (as in force immediately before the revocation) authorised the former licensed authority 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) the former licensed authority ceases to be liable under the Act for payments in respect of any injury, loss or damage suffered by, or death of, an employee occurring on or after the day when the licence is revoked; and (b) the former licensed authority remains liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee occurring before the final licence was revoked; and (c) Comcare may discharge a liability mentioned in paragraph (b); and (d) the former licensed authority must pay to Comcare the full amount of any liability discharged by Comcare under paragraph (c), unless section 24 applies. Claims management (3) If the final licence (as in force immediately before the revocation) authorised the former licensed authority to manage claims: (a) the former licensed authority must not manage a claim in respect of an injury, loss or damage suffered by, or the death of, any of its employees, whenever occurring; and (b) Comcare must manage any claims mentioned in paragraph (a); and (c) the former licensed authority must: (i) on receiving a claim, notice or other communication, or being served with any proceedings in relation to a claim—give the claim, notice, communication or proceedings to Comcare; and (ii) give Comcare all documents, information and assistance reasonably required for Comcare to manage claims by employees of the former licensed authority; and (d) the former licensed authority must pay to Comcare an amount determined by Comcare to be the costs incurred by Comcare in managing claims (including any costs incurred in transferring the claim from the former licensed authority to Comcare) in respect of an injury, loss or damage suffered by, or the death of, any of the former licensed authority’s employees that occurred while it held the final licence, unless section 24 applies. (4) An act done, decision made or notice or communication given, received or made by the former licensed authority in managing a claim before the day the final licence was revoked, is taken, on and after that day, to have been done, made, given or received by Comcare. Comcare taken to be party to proceedings (5) If the former licensed authority was a party to proceedings in relation to a matter arising under the Act that had not been completed on the day of revocation, Comcare is, on and after that day, taken for all purposes to be the party to those proceedings in place of the former licensed authority. Act continues to apply (6) Subject to this section, the Act continues to apply to the former licensed authority and its employees. (7) Comcare is liable under the Act for payments in respect of injury, loss or damage suffered by, or the death of, an employee of the former licensed authority occurring on or after the date of revocation. Continued liability to pay premiums in certain circumstances (8) The former licensed authority is liable to pay premiums under the Act in respect of liability mentioned in subsection (7).