28Effect of revocation—former licensed corporations

28 Effect of revocation—former licensed corporations

(1) The following provisions have effect in relation to the former licensed corporation during the preservation period despite the revocation of the corporation’s final licence: (a) the former licensed corporation is taken to hold a licence (the preserved licence) with the same scope as the final licence held by the corporation immediately before the final licence was revoked; (b) the preserved licence: (i) is taken to be a licence that is in force for the purposes of the Act in accordance with this Division; and (ii) is subject to the same conditions as the final licence; (c) the functions, powers, rights, obligations and liabilities of the former licensed corporation under the Act that applied in relation to the corporation immediately before the revocation of the final licence continue to apply in relation to the corporation; (d) unless Comcare arranges for another person to act as the rehabilitation authority for the corporation’s employees in accordance with section 31—the principal officer of the former licensed corporation is taken to be the rehabilitation authority for the corporation’s employees and sections 36, 37, 38, 39, 41 and 41A of the Act apply; (e) the former licensed corporation is, for the purposes of section 40 of the Act, taken to be the relevant employer of the corporation’s employees; (f) Comcare and the Commission may perform their respective functions and exercise their respective powers under the Act: (i) in relation to the preserved licence as if the preserved licence were the final licence; and (ii) in relation to the former licensed corporation as if the former licensed corporation were a licensed corporation. (2) For the purposes of subsection (1), the preservation period is the period beginning on the day the final licence is revoked and ending on the day (the preservation period end day) determined by the Commission under subsection 29(2). (3) On and after the day the final licence is revoked, the Act ceases to apply to the former licensed corporation and its employees, except as provided by this Subdivision.

Note: Under subsection 108A(7) of the Act, while a licensed corporation is authorised to accept liability to pay compensation in respect of a particular injury, loss or damage suffered by, or in respect of the death of, some or all of its employees:

(a) no law of a State or Territory relating to workers compensation applies to the licensee in respect of such injury, loss, damage or death; and
(b) any liability or obligation of the corporation under State or Territory law for such injury, loss, damage or death occurring before the licence came into force is unaffected.