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Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014
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Schedule 2 Group employer licences

Part 1 Amendments

Safety, Rehabilitation and Compensation Act 1988

1  Subsection 4(1)

Insert:

administration manager , for a group employer licence, means the corporation that is designated by the licence as the administration manager for the licence.

2  Subsection 4(1) (definition of corporation )

Omit “, in Part VIII,”.

3  Subsection 4(1) (paragraph (d) of the definition of corporation )

Omit “Territory;”, substitute “Territory.”

4  Subsection 4(1) (definition of corporation )

Omit “but does not include a Commonwealth authority.”.

5  Subsection 4(1)

Insert:

group employer licence means a group employer licence issued under section 107D.

legislative rules means rules made under section 122A.

6  Subsection 4(1) (definition of licence )

Repeal the definition, substitute:

licence means:

                     (a)  a single employer licence; or

                     (b)  a group employer licence.

7  Subsection 4(1)

Insert:

licence holder , in relation to a single employer licence, means the holder of the licence.

8  Subsection 4(1) (definition of licensed authority )

Repeal the definition, substitute:

licensed authority means:

                     (a)  a Commonwealth authority that is the holder of a single employer licence; or

                     (b)  a Commonwealth authority that is:

                              (i)  a corporation; and

                             (ii)  covered by a group employer licence.

9  Subsection 4(1) (definition of licensed corporation )

Repeal the definition, substitute:

licensed corporation means:

                     (a)  a corporation that is the holder of a single employer licence; or

                     (b)  a corporation that is covered by a group employer licence.

10  Subsection 4(1) (definition of licensee )

Repeal the definition, substitute:

licensee means:

                     (a)  a licensed corporation; or

                     (b)  a licensed authority.

11  Subsection 4(1) (paragraph (a) of the definition of relevant authority )

Omit “a licensee—the licensee; and”, substitute “the licence holder of a single employer licence—the licence holder; or”.

12  Subsection 4(1) (after paragraph (a) of the definition of relevant authority )

Insert:

                    (aa)  in relation to an employee who is employed by a corporation that is covered by a group employer licence—a corporation that is designated by the licence as a relevant authority for the licence; or

13  Subsection 4(1) (at the end of the definition of relevant authority )

Add:

Note:          See also section 108L (relevant authority for a group employer licence).

14  Subsection 4(1)

Insert:

single employer licence means a licence granted under section 103.

15  Subsection 4(1) (paragraph (a) of the definition of suitable employment )

Omit “a licensee”, substitute “the licence holder of a single employer licence”.

16  Subsection 4(1) (paragraph (a) of the definition of suitable employment )

Omit “licensed corporation”, substitute “licence holder”.

17  Subsection 4(1) (at the end of subparagraphs (a)(i) and (ii) of the definition of suitable employment )

Add “and”.

18  Subsection 4(1) (subparagraph (a)(iv) of the definition of suitable employment )

Omit “; and”, substitute “; or”.

19  Subsection 4(1) (after paragraph (a) of the definition of suitable employment )

Insert:

                    (aa)  in the case of an employee who:

                              (i)  on the day on which he or she was injured, was a permanent employee of a corporation covered by a group employer licence; and

                             (ii)  continues to be so employed;

                            employment, by any corporation covered by the licence, in work for which the employee is suited having regard to the matters specified in subparagraphs (a)(i), (ii), (iii) and (iv); or

20  Subsection 4(1)

Insert:

working day means a day that is not:

                     (a)  a Saturday; or

                     (b)  a Sunday; or

                     (c)  a public holiday in any State or Territory.

21  At the end of section 11

Add:

Note:          See also sections 108J and 108K (relevant authority for a group employer licence).

22  Paragraph 41A(1)(b)

Omit “in respect of which a licence is not in force under Part VIII”, substitute “that is not a licensee”.

23  After subsection 41A(1)

Insert:

          (1A)  If:

                     (a)  a rehabilitation authority is the principal officer of a licensed corporation; and

                     (b)  the corporation is covered by a group employer licence;

the rehabilitation authority may, in writing, delegate to an officer of, or a person employed by, any other corporation covered by the licence all or any of the powers and functions of the rehabilitation authority under this Part.

24  At the end of subsection 62(2)

Add:

               ; or (d)  if the determining authority is a relevant authority for a group employer licence—a corporation covered by the licence.

25  Subsection 62(2A)

Before “licence”, insert “single employer”.

26  After subsection 62(2A)

Insert:

          (2B)  If a determining authority is covered by a group employer licence that is subject to conditions requiring the determining authority to arrange for the reconsideration by another person of any determination made by the determining authority, nothing in subsection (1) or (2) derogates from that requirement.

27  Paragraph 64(1)(d)

Omit “corporation that holds a licence under Part VIII”, substitute “licensed corporation”.

28  Paragraph 67(1A)(a)

Omit “; and”, substitute “; or”.

29  Paragraph 67(1A)(b)

Before “licence”, insert “single employer”.

30  Paragraph 67(1A)(b)

Omit “; and”, substitute “; or”.

31  Paragraph 67(1A)(c)

Before “licence” (first occurring), insert “single employer”.

32  At the end of subsection 67(1A)

Add:

               ; or (d)  if:

                              (i)  the determination affected a Commonwealth authority that is covered by a group employer licence; and

                             (ii)  the licence does not authorise acceptance of liability for claims in respect of which the determination is made;

                            Comcare; or

                     (e)  if:

                              (i)  the determination affected a corporation that is covered by a group employer licence; and

                             (ii)  the licence authorises acceptance of liability for claims in respect of which the determination is made;

                            a relevant authority for the licence.

33  At the end of paragraph 69(fb)

Add “or the legislative rules”.

34  After paragraph 89B(b)

Insert:

                   (ba)  such other functions as are conferred on the Commission by the regulations or the legislative rules;

35  Subsection 97A(3) (paragraph (a) of the definition of estimated liability component )

Omit “does not hold a licence in force under Part VIII”, substitute “is not a licensee”.

36  Subsection 97A(3) (paragraph (b) of the definition of estimated liability component )

Omit “such a licence”, substitute “a single employer licence”.

37  Subsection 97A(3) (at the end of paragraph (b) of the definition of estimated liability component )

Add “and”.

38  Subsection 97A(3) (after paragraph (b) of the definition of estimated liability component )

Insert:

                     (c)  in the case of an authority that is covered by a group employer licence at the commencement of that financial year—by employees of the authority in respect of whom a relevant authority for the licence is not authorised to accept liability;

39  Subsection 97A(3) (paragraph (a) of the definition of estimated management component )

Omit “does not hold a licence under Part VIII”, substitute “is not a licensee”.

40  Subsection 97A(3) (paragraph (b) of the definition of estimated management component )

Omit “such a licence”, substitute “a single employer licence”.

41  Subsection 97A(3) (at the end of paragraph (b) of the definition of estimated management component )

Add “and”.

42  Subsection 97A(3) (after paragraph (b) of the definition of estimated management component )

Insert:

                     (c)  in the case of an authority that is covered by a group employer licence at the commencement of that financial year—by employees of the authority in respect of whom a relevant authority for the licence is not authorised to manage claims;

43  Subsection 97D(1)

Omit “holds a licence under Part VIII”, substitute “is a licensee”.

44  Paragraph 97D(2)(b)

Omit “does not hold a licence in force under Part VIII”, substitute “is not a licensee”.

45  Subsection 97E(2)

Omit “hold a licence under Part VIII”, substitute “are licensees”.

46  Subparagraphs 97M(1)(e)(i) and (ii)

Before “licence”, insert “single employer”.

47  At the end of subsection 97M(1)

Add:

               ; or (f)  in the case of a Commonwealth authority:

                              (i)  the Commonwealth authority is, or is to be, covered by a group employer licence; or

                             (ii)  a group employer licence that covers the Commonwealth authority is, or is to be, revoked; or

                            (iii)  a group employer licence has ceased to cover, or is to cease to cover, the Commonwealth authority.

48  Part VIII (heading)

Repeal the heading, substitute:

Part VIII Licences to enable corporations » and Commonwealth authorities to accept liability and manage claims

49  Section 98A

Repeal the section, substitute:

98A   Simplified outline of this Part

•      The Commission may:

       (a)     grant single employer licences to « corporations » or Commonwealth authorities; and

      (b)     issue group employer licences that cover « corporations » that belong to a corporate group.

•      If a single employer licence is held by a corporation, this Act applies in relation to some or all of the employees of the corporation in a similar way to the way in which it applies to employees of the Commonwealth, but the application is subject to:

       (a)     the acceptance by the corporation of the whole or a part of the liability under this Act for payments in respect of injury, loss or damage suffered by, or the death of, those employees; and

      (b)     the acceptance by the corporation of the function of managing claims under this Act in respect of that injury, loss, damage or death.

•      If a single employer licence is held by a Commonwealth authority, this Act continues to apply in relation to employees of the authority, but, depending on the scope of the licence, the application of this Act is subject to either or both of the following:

       (a)     the acceptance by the authority of the whole or a part of the liability under this Act for payments in respect of injury, loss or damage suffered by, or the death of, some or all of its employees;

      (b)     the acceptance by the authority of the responsibility for managing certain claims under this Act in respect of injury, loss or damage suffered by, or the death of, some or all of its employees.

•      If a group employer licence covers « corporations » that belong to a corporate group, this Act applies in relation to some or all of the employees of those « corporations » in a similar way to the way in which it applies to employees of the Commonwealth, but the application is subject to:

       (a)     the acceptance by a relevant authority of the whole or a part of the liability under this Act for payments in respect of injury, loss or damage suffered by, or the death of, those employees; and

      (b)     those « corporations » being jointly and severally liable to make payments under this Act in respect of that injury, loss, damage or death; and

       (c)     the acceptance by a relevant authority of the function of managing claims under this Act in respect of that injury, loss, damage or death.

•      If a licence is granted or issued, the application of this Act is also subject to the conditions to which the licence is subject.

50  Section 99

Insert:

corporate group means a group of 2 or more bodies corporate, where each body corporate in the group is a related body corporate of each other body corporate in the group.

covered corporation , in relation to a group employer licence, means a corporation that is covered by the licence.

key body corporate for a group employer licence, means the body corporate that is designated by the licence as the key body corporate for the licence.

national employer group has the meaning given by section 100.

related body corporate has the same meaning as in the « Corporations » Act 2001 .

51  Section 100 (heading)

Repeal the heading, substitute:

100   National employer and national employer group

52  After subsection 100(1)

Insert:

National employer group

          (1A)  For the purposes of this Part, a corporate group is a national employer group if at least one corporation in the group is a national employer.

          (1B)  For the purposes of this Part, a corporate group is a national employer group if:

                     (a)  at least one corporation in the group has employer obligations in a particular Australian jurisdiction; and

                     (b)  at least one other corporation in the group has employer obligations in another Australian jurisdiction.

53  Section 100A (heading)

Repeal the heading, substitute:

100A   Commission may advise about matters that are relevant to the making of an application for a licence etc.

54  Paragraph 100A(b)

Repeal the paragraph, substitute:

                     (b)  whether the body corporate is a member of a national employer group;

                     (c)  any other matter that is relevant to:

                              (i)  the making of an application for a licence; or

                             (ii)  the making of an application for the variation of a licence.

55  Before subsection 101(1)

Insert:

Single employer licences

56  Subsection 101(1)

Before “licences” (first occurring), insert “single employer”.

57  Paragraph 101(1)(a)

Omit “such”, substitute “single employer”.

58  Paragraph 101(1)(b)

Before “licences” (wherever occurring), insert “single employer”.

59  Paragraphs 101(1)(c), (d), (e) and (f)

Omit “such” (wherever occurring), substitute “single employer”.

60  Subsection 101(1) (note)

Before “licence” (first occurring), insert “single employer”.

61  Subsection 101(1) (note)

After “granted”, insert “or issued,”.

62  After subsection 101(1)

Insert:

Group employer licences

          (1A)  The Minister’s power to give directions to the Commission under section 89D extends to directions concerning any matter relating to the issue of group employer licences under this Part. Without limiting the matters the directions may deal with, the Minister may give directions concerning:

                     (a)  criteria and procedures for the issue of group employer licences; or

                     (b)  the scope of group employer licences and the conditions to which group employer licences having a particular scope may be expressed to be subject; or

                     (c)  the exercise by the Commission of the power to vary the conditions to which group employer licences are subject; or

                     (d)  criteria and procedures for the extension, suspension or revocation of group employer licences or for varying the scope of group employer licences; or

                     (e)  publication of notices about any issue, extension, suspension or revocation of group employer licences or for varying the scope of group employer licences or the conditions to which they are subject; or

                      (f)  requirements to be observed by the Commission in relation to the keeping of records, and the periodic reporting of particulars, in relation to group employer licences.

Note:          Criteria for the issue of a group employer licence may address matters relating not only to the licence applied for, but also to other licences that have been issued or granted, or that are being sought.

63  Before subsection 101(2)

Insert:

Legislative instrument

64  Before section 102

Insert:

Subdivision A Single employer licences

65  Section 102 (heading)

Repeal the heading, substitute:

102   Application for grant of a single employer licence

66  Subsection 102(1)

Before “licence” (first occurring), insert “single employer”.

67  Paragraph 102(1)(a)

Omit “prescribed form”, substitute “form prescribed by the regulations or the legislative rules”.

68  Paragraphs 102(1)(b) and (c)

After “regulations”, insert “or legislative rules”.

69  Section 103 (heading)

Repeal the heading, substitute:

103   Grant of single employer licence

70  Subsection 103(1)

Before “licence”, insert “single employer”.

71  Subsection 103(2)

Before “licence” (first occurring), insert “single employer”.

72  Paragraphs 103(2)(a) and (b)

Omit “licensee”, substitute “licence holder”.

73  Paragraph 104(1)(a)

After “it”, insert “under section 102”.

74  Subsection 104(1)

After “may”, insert “, under section 103,”.

75  Subsection 104(1)

Before “licence” (wherever occurring), insert “single employer”.

76  Subsection 104(2)

Before “licence” (first occurring), insert “single employer”.

77  Paragraph 104(2)(b)

Omit “licensee”, substitute “licence holder”.

78  Paragraph 104(2)(b)

Omit “licensee’s”, substitute “licence holder’s”.

79  Paragraph 104(2)(c)

Omit “licensee”, substitute “licence holder”.

80  Subsection 104(2A)

Before “licence”, insert “single employer”.

81  Subsection 104(2B)

Before “licence” (first occurring), insert “single employer”.

82  Subsections 104(3) and (4)

Before “licence” (wherever occurring), insert “single employer”.

83  Subsection 104A(1)

Omit “At the date of commencement of a licence, and at each 1 July after that date, while the licence is in force, the licensee”, substitute “On each 1 July while a single employer licence is in force, the licence holder”.

84  Subsections 104A(2) and (4)

Omit “licensee” (wherever occurring), substitute “licence holder”.

85  Section 105 (heading)

Repeal the heading, substitute:

105   Commission may vary the scope of a single employer licence or extend its term

86  Subsection 105(1)

Before “licence” (first occurring), insert “single employer”.

87  Subsection 105(1)

Omit “licensee”, substitute “licence holder”.

88  Subsection 105(2)

Before “licence” (wherever occurring), insert “single employer”.

89  Section 106 (heading)

Repeal the heading, substitute:

106   Suspension or revocation of a single employer licence at the instance of the Commission

90  Subsection 106(1)

Omit “licensee”, substitute “licence holder of a single employer licence”.

91  Subsection 106(2)

Before “licence”, insert “single employer”.

92  Section 107 (heading)

Repeal the heading, substitute:

107   Revocation of a single employer licence at request of licence holder

93  Section 107

Omit “a licensee”, substitute “the licence holder of a single employer licence”.

94  Section 107

Omit “the licensee” (first occurring), substitute “the licence holder”.

95  Section 107

Omit “held by the licensee”.

96  Section 107A

After “regulations”, insert “or legislative rules”.

97  Paragraphs 107A(a) and (b)

Before “licence”, insert “single employer”.

98  At the end of Division 2 of Part VIII

Add:

Subdivision B Group employer licences

107B   Application for group employer licence

             (1)  A corporation may apply to the Commission for the issue of a group employer licence.

             (2)  The application must propose that 2 or more specified « corporations » be covered by the licence.

Note:          The licence will not be issued unless the covered « corporations » are members of a corporate group (see section 107D).

             (3)  The applicant must be one of the proposed covered « corporations » .

Form of application

             (4)  The application must:

                     (a)  be in writing; and

                     (b)  be in a form approved, in writing, by the Commission; and

                     (c)  be accompanied by such information as is specified in the legislative rules; and

                     (d)  be accompanied by such documents as are specified in the legislative rules; and

                     (e)  be accompanied by the written consent of each of the proposed covered « corporations » to be covered by the licence.

Administration manager

             (5)  The application must:

                     (a)  nominate one of the proposed covered « corporations » to be the administration manager for the licence; and

                     (b)  be accompanied by the written consent of the nominee to be nominated as the administration manager for the licence.

             (6)  The nominated corporation may be the applicant.

Relevant authority

             (7)  The application must nominate:

                     (a)  one of the proposed covered « corporations » to be a relevant authority for the licence; or

                     (b)  each of 2 or more proposed covered « corporations » to be a relevant authority for the licence.

             (8)  A nominated corporation may be the applicant.

Key body corporate

             (9)  The application must nominate a body corporate to be the key body corporate for the licence.

Note:          To remain covered by the licence, a corporation must be a related body corporate of the key body corporate (see section 107Q).

           (10)  The nominated body corporate may be:

                     (a)  the applicant; or

                     (b)  one of the other proposed covered « corporations » ; or

                     (c)  another body corporate.

Example:    The head company of a corporate group may be a holding company whose sole purpose is to hold shares in the proposed covered « corporations » . The holding company is not a corporation (within the meaning of this Act). The application may nominate the holding company to be the key body corporate for the licence.

Application fee

           (11)  The proposed covered « corporations » are jointly and severally liable to pay to Comcare, in respect of the application, an application fee equal to the amount estimated by the Commission to be the cost of considering the application.

           (12)  The Commission must give written notice to the applicant of the amount of the application fee, and:

                     (a)  if the notice is given before the application is made—the application fee is to accompany the application; or

                     (b)  otherwise—the application fee is to be paid as soon as practicable after the notice is given.

107C   Withdrawal of application

             (1)  An applicant for a group employer licence may withdraw the application at any time before a decision is made on the application.

             (2)  If the application is withdrawn after receipt by Comcare of the application fee, the Commission may, depending on the extent to which it has already considered the application:

                     (a)  request Comcare to refund the application fee entirely; or

                     (b)  reduce the application fee by such amount as it considers reasonable having regard to the extent of that consideration, and request Comcare to refund the amount of the reduction.

             (3)  For the purposes of subsection (2), the reference to the extent of the Commission’s consideration of an application includes a reference to any act or thing done by Comcare to assist the Commission in that consideration.

107D   Issue of group employer licence

Scope

             (1)  This section applies if an application under section 107B has been made for the issue of a group employer licence.

Issue of licence

             (2)  After considering:

                     (a)  the application; and

                     (b)  any further information that is provided to the Commission by the applicant for the purpose of enabling consideration of the application; and

                     (c)  any other matter that the Commission considers relevant;

the Commission may, by written instrument, issue a group employer licence that:

                     (d)  is expressed to cover the « corporations » identified in the licence as covered « corporations » ; and

                     (e)  designates one of those « corporations » as the administration manager for the licence; and

                      (f)  either:

                              (i)  designates one of those « corporations » as a relevant authority for the licence; or

                             (ii)  designates each of 2 or more of those « corporations » as a relevant authority for the licence; and

                     (g)  designates a body corporate as the key body corporate for the licence.

Note 1:       For coverage, see section 107F.

Note 2:       To remain covered by the licence, a corporation must be a related body corporate of the key body corporate (see section 107Q).

Criteria for issue of licence

             (3)  The Commission must not issue a group employer licence unless the Commission is satisfied that it is appropriate to do so.

             (4)  In order for the Commission to be satisfied, for the purposes of subsection (3), that it is appropriate to issue a group employer licence, the Commission must be satisfied that:

                     (a)  assuming that the covered « corporations » were a single body corporate, that body corporate would have sufficient resources to fulfil the responsibilities imposed on those « corporations » as a result of being covered by the licence; and

                     (b)  each nominated relevant authorityhas the capacity to ensure (where the scope of the licence so provides) that claims that are to be managed either:

                              (i)  by the nominated relevant authority; or

                             (ii)  by another person identified in the licence on the nominated relevant authority’s behalf;

                            will be managed in accordance with standards set by the Commission for the management of claims; and

                     (c)  the issue of the licence will not be contrary to the interests of the employees of a covered corporation whose affairs fall within the scope of the licence; and

                     (d)  each covered corporation has the capacity to meet the standards set by the Commission for the rehabilitation of the corporation’s employees; and

                     (e)  each covered corporation has the capacity to meet the standards set by the Commission for the occupational health and safety of the corporation’s employees.

             (5)  The Commission must not issue a group employer licence if:

                     (a)  because of the past conduct of a proposed covered corporation (including the corporation’s performance in meeting obligations in relation to rehabilitation under the law of the Commonwealth or of a State or Territory), the Commission is satisfied that it is unlikely that the corporation will, if the licence is issued, meet the standards set by the Commission for the rehabilitation of the corporation’s employees; or

                     (b)  because of the past conduct of a nominated relevant authority (including the nominated relevant authority’s performance in meeting obligations in relation to claims management under the law of the Commonwealth or of a State or Territory), the Commission is satisfied that it is unlikely that the nominated relevant authority will, if the licence is issued, manage claims in accordance with the standards set by the Commission.

             (6)  The Commission must not issue a group employer licence unless:

                     (a)  each corporation covered by the licence is a member of a particular corporate group; and

                     (b)  each body corporate in the group is a related body corporate of the key body corporate for the licence; and

                     (c)  the group is a national employer group; and

                     (d)  each corporation covered by the licence is incorporated in Australia.

             (7)  The Commission may refuse to issue a group employer licence if, because of the past conduct of a proposed covered corporation (including the corporation’s performance in complying with the law of the Commonwealth or of a State or Territory dealing with occupational health and safety), the Commission is satisfied that it is unlikely that the corporation will, if the licence is issued, meet the standards set by the Commission for the occupational health and safety of the corporation’s employees.

Notification of issue of licence

             (8)  If the Commission decides to issue a group employer licence, the Commission must give written notice of the decision to the applicant.

Refusal

             (9)  If the Commission decides to refuse to issue a group employer licence, the Commission must give written notice of the decision, and the reasons for the decision, to the applicant.

           (10)  Subsection (9) does not prevent the Commission, with the written consent of each of the proposed covered « corporations » , from issuing a group employer licence having a different scope to the licence sought by the applicant.

107E   Duration of group employer licence

             (1)  A group employer licence:

                     (a)  comes into force at the start of the day specified in the licence (which must be later than the day on which the licence is issued); and

                     (b)  remains in force for the period specified in the licence.

             (2)  Subsection (1) has effect subject to sections 107W, 107X and 107Y (which deal with the extension, suspension and revocation of group employer licences).

107F   Coverage of group employer licence

             (1)  If an application for a group employer licence proposes that a corporation be covered by the licence, the corporation must be covered by the licence.

Exclusion of corporation

             (2)  Subsection (1) does not apply to a corporation if:

                     (a)  assuming that the corporation had applied for a single employer licence, the Commission would have refused to grant that licence to the corporation on the grounds that the Commission was not satisfied as to a matter set out in:

                              (i)  a paragraph of subsection 104(2); or

                             (ii)  a paragraph of subsection 104(2A); and

                     (b)  the Commission decides that the licence should not cover the corporation.

             (3)  If:

                     (a)  an application for a group employer licence proposes that a corporation be covered by the licence; and

                     (b)  the Commission proposes to:

                              (i)  issue the licence; and

                             (ii)  decide that the licence should not cover one or more « corporations » (the excluded « corporations » );

then:

                     (c)  the Commission must give a written notice to the applicant:

                              (i)  setting out the proposal; and

                             (ii)  stating that, unless the proposed covered « corporations » (other than the excluded « corporations » ) inform the Commission, within 5 working days after the receipt of the notice, that they agree that the licence should not cover the excluded « corporations » , the Commission will refuse to issue the licence; and

                     (d)  the Commission must not issue the licence unless the proposed covered « corporations » (other than the excluded « corporations » ) have informed the Commission, within 5 working days after the receipt of the notice, that they agree that the licence should not cover the excluded « corporations » .

             (4)  If:

                     (a)  an application for a group employer licence proposes that a corporation be covered by the licence; and

                     (b)  the Commission issues the licence, but decides that the licence should not cover the corporation;

the Commission must give written notice of the decision, and the reasons for the decision, to the applicant.

Variation

             (5)  Subsection (1) does not apply if:

                     (a)  a corporation becomes covered by a group employer licence as a result of the variation of the licence; or

                     (b)  a corporation ceases to be covered by a group employer licence as a result of the variation of the licence; or

                     (c)  a corporation ceases to be covered by a group employer licence because the corporation ceases to be a related body corporate of the key body corporate (see section 107Q).

107G   Administration manager

             (1)  If:

                     (a)  an application for a group employer licence nominates a corporation to be the administration manager for the licence; and

                     (b)  the Commission issues the licence;

the licence must designate the corporation as the administration manager for the licence.

             (2)  The Commission may refuse to issue a group employer licence if the Commission is satisfied that it is not appropriate for the nominated administration manager to become the administration manager for the licence.

             (3)  If the Commission proposes to refuse to issue a group employer licence on the grounds that the Commission is satisfied that it is not appropriate for the nominated administration manager (the original nominee ) to become the administration manager for the licence:

                     (a)  the Commission must, by written notice given to the applicant:

                              (i)  inform the applicant of the proposed refusal; and

                             (ii)  invite the applicant to amend the application, within 5 working days after receipt of the notice, so that the application nominates another proposed covered corporation to be the administration manager for the licence, instead of the original nominee; and

                     (b)  if:

                              (i)  the application is so amended; and

                             (ii)  the nominee consents, in writing, to the nomination;

                            the Commission must proceed to consider the amended application.

Variation

             (4)  Subsection (1) does not apply if:

                     (a)  a corporation becomes the administration manager for a group employer licence as a result of the variation of the licence; or

                     (b)  a corporation ceases to be the administration manager for a group employer licence as a result of the variation of the licence; or

                     (c)  a corporation ceases to be covered by a group employer licence because the corporation ceases to be a related body corporate of the key body corporate (see section 107Q).

107H   Relevant authority

             (1)  If:

                     (a)  an application for a group employer licence nominates a corporation to be a relevant authority for the licence; and

                     (b)  the Commission issues the licence;

the licence must designate the corporation as a relevant authority for the licence.

             (2)  The Commission may refuse to issue a group employer licence if the Commission is satisfied that it is not appropriate for a nominated relevant authority to become a relevant authority for the licence.

             (3)  If the Commission proposes to refuse to issue a group employer licence on the grounds that the Commission is satisfied that it is not appropriate for a nominated relevant authority (the original nominee ) to become a relevant authority for the licence:

                     (a)  the Commission must, by written notice given to the applicant:

                              (i)  inform the applicant of the proposed refusal; and

                             (ii)  invite the applicant to amend the application, within 5 working days after receipt of the notice, so that the application nominates another proposed covered corporation to be a relevant authority for the licence, instead of the original nominee; and

                     (b)  if the application is so amended—the Commission must proceed to consider the amended application.

Variation

             (4)  Subsection (1) does not apply if:

                     (a)  a corporation becomes a relevant authority for a group employer licence as a result of the variation of the licence; or

                     (b)  a corporation ceases to be a relevant authority for a group employer licence as a result of the variation of the licence; or

                     (c)  a corporation ceases to be covered by a group employer licence because the corporation ceases to be a related body corporate of the key body corporate (see section 107Q).

107J   Key body corporate

                   If:

                     (a)  an application for a group employer licence nominates a body corporate to be the key body corporate for the licence; and

                     (b)  the Commission issues the licence;

the licence must designate the body corporate as the key body corporate for the licence.

107K   Corporation may have multiple roles

                   A corporation may be 2 or more of the following for a particular group employer licence:

                     (a)  the administration manager for the licence;

                     (b)  a relevant authority for the licence;

                     (b)  the key body corporate for the licence.

107L   Scope and conditions of group employer licence

                   If the Commission issues a group employer licence, the Commission must determine:

                     (a)  in accordance with Division 3—the scope of the licence so far as concerns the degree to which, and the circumstances in which, a relevant authority may accept liability for compensation; and

                     (b)  in accordance with Division 4—the scope of the licence so far as concerns the degree to which, and the circumstances in which, a relevant authority is authorised to manage claims; and

                     (c)  in accordance with Division 5—the conditions (if any) to which the licence is subject.

107M   Group employer licence is not held

                   A group employer licence is not held by:

                     (a)  the applicant for the licence; or

                     (b)  any other person or persons.

107N   Licence « fees »

             (1)  If a corporation is covered by a group employer licence throughout a period (the relevant period ) that consists of:

                     (a)  the whole of a financial year; or

                     (b)  a part of a financial year;

the corporation is liable, on 1 July next following that financial year , to pay a licence fee in respect of being covered by the licence throughout the relevant period.

             (2)  The amount of the licence fee is the amount the Commission notifies in writing to the administration manager for the licence. The amount notified must be the amount estimated by the Commission to represent:

                     (a)  that part of the cost incurred by the Commission and by Comcare in carrying out their respective functions under this Act (other than the function referred to in paragraph 69(ec)) during the relevant period that is reasonably referrable to the corporation; and

                     (b)  that part of the cost incurred (if any) by the Commission and by Comcare in carrying out their respective functions under:

                              (i)  the Work Health and Safety Act 2011 ; and

                             (ii)  the Work Health and Safety (Transitional and Consequential Provisions) Act 2011 ;

                            during the relevant period that is reasonably referrable to the corporation.

             (3)  The fee is payable to Comcare within such period after it is notified to the administration manager as the Commission determines.

107P   Variation of group employer licence—corporation becomes covered by licence

             (1)  If a group employer licence is in force, the administration manager may apply to the Commission for a specified corporation to be covered by the licence.

Form of application

             (2)  The application must:

                     (a)  be in writing; and

                     (b)  be in a form approved, in writing, by the Commission; and

                     (c)  be accompanied by such information as is specified in the legislative rules; and

                     (d)  be accompanied by such documents as are specified in the legislative rules; and

                     (e)  be accompanied by the written consent of the specified corporation to being covered by the licence; and

                      (f)  be accompanied by the written consent of each of the existing covered « corporations » to the specified corporation being covered by the licence.

Application fee

             (3)  The administration manager is liable to pay to Comcare, in respect of the application, an application fee equal to the amount estimated by the Commission to be the cost of considering the application.

             (4)  The Commission must give written notice to the administration manager of the amount of the application fee, and:

                     (a)  if the notice is given before the application is made—the application fee is to accompany the application; or

                     (b)  otherwise—the application fee is to be paid as soon as practicable after the notice is given.

Withdrawal of application

             (5)  The applicant may withdraw the application at any time before a decision is made on the application.

             (6)  If the application is withdrawn after receipt by Comcare of the application fee, the Commission may, depending on the extent to which it has already considered the application:

                     (a)  request Comcare to refund the application fee entirely; or

                     (b)  reduce the application fee by such amount as it considers reasonable having regard to the extent of that consideration, and request Comcare to refund the amount of the reduction.

             (7)  For the purposes of subsection (6), the reference to the extent of the Commission’s consideration of an application includes a reference to any act or thing done by Comcare to assist the Commission in that consideration.

Variation of licence

             (8)  After considering:

                     (a)  the application; and

                     (b)  any further information that is provided to the Commission by the applicant for the purpose of enabling consideration of the application; and

                     (c)  any other matter that the Commission considers relevant;

the Commission may, by written notice given to the administration manager, vary the group employer licence so that the « corporations » identified in the licence as covered « corporations » include the specified corporation.

Criteria for variation of licence

             (9)  The Commission must not vary the group employer licence unless the Commission is satisfied that:

                     (a)  the specified corporation is a related body corporate of the key body corporate for the licence; and

                     (b)  assuming that:

                              (i)  the licence did not exist; and

                             (ii)  paragraph 107D(6)(c) had not been enacted; and

                            (iii)  an application were to be made for a new group employer licence that is expressed to cover the specified corporation and the existing covered « corporations » ;

                            the Commission would have issued the new group employer licence.

Notification of variation of licence

           (10)  If the Commission decides to vary the group employer licence, the Commission must give written notice of the decision to:

                     (a)  the specified corporation; and

                     (b)  the administration manager.

Refusal

           (11)  If the Commission decides to refuse to vary the group employer licence, the Commission must give written notice of the decision, and the reasons for the decision, to:

                     (a)  the specified corporation; and

                     (b)  the administration manager.

107Q   Variation of group employer licence—covered corporation leaves corporate group

Covered corporation is not the administration manager

             (1)  If:

                     (a)  a group employer licence is in force; and

                     (b)  a covered corporation (the departing corporation ) ceases to be a related body corporate of the key body corporate; and

                     (c)  the departing corporation is not the administration manager;

then:

                     (d)  the licence ceases to cover the departing corporation; and

                     (e)  if the departing corporation is a relevant authority for the licence—the departing corporation’s designation as a relevant authority for the licence is terminated; and

                      (f)  the Commission must:

                              (i)  by written notice given to the administration manager, vary the licence by removing the name of the departing corporation from the licence; and

                             (ii)  do so as soon as practicable after becoming aware of the cessation; and

                     (g)  the Commission must give a copy of the notice to the departing corporation.

Covered corporation is the administration manager

             (2)  If:

                     (a)  a group employer licence is in force; and

                     (b)  a covered corporation (the departing corporation ) ceases to be a related body corporate of the key body corporate; and

                     (c)  the departing corporation is the administration manager;

then:

                     (d)  the licence ceases to cover the departing corporation; and

                     (e)  the departing corporation’s designation as the administration manager for the licence is terminated; and

                      (f)  if the departing corporation is a relevant authority for the licence—the departing corporation’s designation as a relevant authority for the licence is terminated; and

                     (g)  the Commission must:

                              (i)  by written notice given to each of the remaining covered « corporations » , vary the licence by removing the name of the departing corporation from the licence; and

                             (ii)  do so as soon as practicable after becoming aware of the cessation; and

                     (h)  the Commission must give a copy of the notice to the departing corporation.

Note:          See section 107T in relation to nominating a new administration manager.

Consequences of cessation

             (3)  The legislative rules may provide for the consequences of a cessation mentioned in paragraph (1)(d) or (2)(d).

             (4)  Legislative rules made for the purposes of subsection (3) may empower the Commission to vary a group employer licence so that it does not authorise the acceptance of specified liabilities.

             (5)  Legislative rules made for the purposes of subsection (3) may empower the Commission to vary a group employer licence so that it does not authorise the management of claims in respect of specified liabilities.

             (6)  Subsections (4) and (5) do not limit subsection (3).

107R   Variation of group employer licence—voluntary removal of covered corporation

Covered corporation is not the administration manager

             (1)  If:

                     (a)  a group employer licence is in force; and

                     (b)  a covered corporation (the departing corporation ) requests the Commission, in writing, to remove the departingcorporation’s name from the licence; and

                     (c)  the departing corporation is not the key body corporate; and

                     (d)  the departing corporation is not the administration manager; and

                     (e)  the other covered « corporations » have consented, in writing, to the making of the request; and

                      (f)  the conditions set out in the legislative rules are satisfied;

then:

                     (g)  the Commission may, by written notice given to the administration manager, vary the licence by removing the departing corporation’s name; and

                     (h)  on the removal of the departingcorporation’s name:

                              (i)  the licence ceases to cover the departing corporation; and

                             (ii)  if the departing corporation is a relevant authority for the licence—the departing corporation’s designation as a relevant authority for the licence is terminated; and

                      (i)  the Commission must give a copy of the notice of variation to the departing corporation.

             (2)  A request under paragraph (1)(b) must be accompanied by such information as is specified in the legislative rules.

Covered corporation is the administration manager

             (3)  If:

                     (a)  a group employer licence is in force; and

                     (b)  the administration manager (the departing administration manager ) requests the Commission, in writing, to:

                              (i)  remove the departingadministration manager’s name from the licence; and

                             (ii)  terminate the departing administration manager’s designation as the administration manager; and

                            (iii)  designate another corporation covered by the licence (the new administration manager ) as the administration manager; and

                     (c)  the covered « corporations » have consented, in writing, to the making of the request; and

                     (d)  the departing administration manager is not the key body corporate; and

                     (e)  the conditions set out in the legislative rules are satisfied;

then:

                      (f)  the Commission may, by written notice given to the new administration manager, vary the licence so as to:

                              (i)  remove the departingadministration manager’s name; and

                             (ii)  designate the new administration manager as the administration manager for the licence; and

                     (g)  on the removal of the departingadministration manager’s name:

                              (i)  the licence ceases to cover the departing corporation; and

                             (ii)  the departing administration manager’s designation as the administration manager for the licence is terminated; and

                            (iii)  if the departing administration manager is a relevant authority for the licence—the departing administration manager’s designation as a relevant authority for the licence is terminated; and

                     (h)  the Commission must give a copy of the notice to the departing administration manager.

             (4)  A request under paragraph (3)(b) must be accompanied by such information as is specified in the legislative rules.

Consequences of cessation

             (5)  The legislative rules may provide for the consequences of a cessation mentioned in subparagraph (1)(h)(i) or (3)(g)(i).

             (6)  Legislative rules made for the purposes of subsection (5) may empower the Commission to vary a group employer licence so that it does not authorise the acceptance of specified liabilities.

             (7)  Legislative rules made for the purposes of subsection (5) may empower the Commission to vary a group employer licence so that it does not authorise the management of claims in respect of specified liabilities.

             (8)  Subsections (6) and (7) do not limit subsection (5).

107S   Variation of group employer licence—expulsion of covered corporation

             (1)  If:

                     (a)  a group employer licence is in force; and

                     (b)  the Commission considers that it is appropriate to remove the name of a covered corporation (the departing corporation ) from the licence; and

                     (c)  the departing corporation is not the key body corporate; and

                     (d)  the departing corporation is not the administration manager; and

                     (e)  the conditions set out in the legislative rules are satisfied;

then:

                      (f)  the Commission may, by written notice given to the administration manager, vary the licence by removing the departing corporation’s name; and

                     (g)  if the Commission does so, the Commission must give a copy of the notice to the departing corporation; and

                     (h)  on the removal of the departingcorporation’s name, the licence ceases to cover the departing corporation.

Consequences of cessation

             (2)  The legislative rules may provide for the consequences of a cessation mentioned in paragraph (1)(h).

             (3)  Legislative rules made for the purposes of subsection (2) may empower the Commission to vary a group employer licence so that it does not authorise the acceptance of specified liabilities.

             (4)  Legislative rules made for the purposes of subsection (2) may empower the Commission to vary a group employer licence so that it does not authorise the management of claims in respect of specified liabilities.

             (5)  Subsections (3) and (4) do not limit subsection (2).

107T   Variation of group employer licence—new administration manager

Requested change of administration manager

             (1)  If:

                     (a)  a group employer licence is in force; and

                     (b)  the corporation designated in the licence as the administration manager requests the Commission, in writing, to:

                              (i)  terminate the corporation’s designation as the administration manager; and

                             (ii)  designate another corporation covered by the licence as the administration manager for the licence; and

                     (c)  the covered « corporations » have consented, in writing, to the making of the request; and

                     (d)  the conditions set out in the legislative rules are satisfied;

the Commission may, by written notice given to:

                     (e)  the corporation designated in the licence as the administration manager; and

                      (f)  the other corporation;

vary the licence so that it designates the other corporation as the administration manager.

Administration manager leaves corporate group

             (2)  If:

                     (a)  a group employer licence is in force; and

                     (b)  a covered corporation (the departing corporation ) ceases to be a related body corporate of the key body corporate; and

                     (c)  the departing corporation is the administration manager; and

                     (d)  the departing corporation ceases to be covered by the licence as a result of subsection 107Q(2);

the remaining covered « corporations » must:

                     (e)  give a written notice to the Commission that nominates one of the remaining covered « corporations » to be the administration manager for the licence; and

                      (f)  do so within 5 working days after becoming aware of the cessation.

             (3)  If the Commission is given a nomination under subsection (2), the Commission may, by written notice to the remaining covered « corporations » , vary the licence so that it designates the nominated corporation as the administration manager.

             (4)  The Commission may refuse to vary the licence if the Commission is satisfied that it is not appropriate for the nominated corporation to become the administration manager for the licence.

             (5)  If the Commission decides to refuse to vary the licence, the Commission must give written notice of the decision to the covered corporation.

107U   Variation of group employer licence—new or additional relevant authority

Change of relevant authority

             (1)  If:

                     (a)  a group employer licence is in force; and

                     (b)  the administration manager requests the Commission, in writing, to:

                              (i)  terminate a corporation’s designation as a relevant authority for the licence; and

                             (ii)  designate another corporation covered by the licence as a relevant authority for the licence; and

                     (c)  the covered « corporations » have consented, in writing, to the making of the request; and

                     (d)  the conditions set out in the legislative rules are satisfied;

the Commission may, by written notice given to the administration manager, vary the licence so that it designates the other corporation as a relevant authority for the licence.

             (2)  A corporation mentioned in subparagraph (1)(b)(i) or (ii) may be the administration manager.

Additional relevant authority

             (3)  If:

                     (a)  a group employer licence is in force; and

                     (b)  there are one or more relevant authorities for the licence; and

                     (c)  the administration manager requests the Commission, in writing, to designate a corporation covered by the licence as an additional relevant authority for the licence; and

                     (d)  the covered « corporations » have consented, in writing, to the making of the request; and

                     (e)  the conditions set out in the legislative rules are satisfied;

the Commission may, by written notice given to the administration manager, vary the licence so that it designates the corporation as a relevant authority for the licence.

             (4)  A corporation mentioned in paragraph (3)(c) may be the administration manager.

Automatic change

             (5)  If:

                     (a)  a group employer licence is in force; and

                     (b)  a corporation designated in the licence as a relevant authority for the licence has ceased to be covered by the licence; and

                     (c)  there is no other relevant authority for the licence; and

                     (d)  there is an administration manager for the licence;

the Commission must, by written notice given to the administration manager, vary the licence so that it designates the administration manager as a relevant authority for the licence.

107V   Variation of group employer licence with the consent of the covered « corporations »

                   The legislative rules may empower the Commission to vary a group employer licence, so long as:

                     (a)  the covered « corporations » have consented, in writing, to the variation; and

                     (b)  the other conditions specified in those legislative rules are satisfied.

107W   Commission may vary the scope of a group employer licence or extend its term

             (1)  If:

                     (a)  a group employer licence is in force; and

                     (b)  the administration manager requests the Commission, in writing, to vary the scope of the licence; and

                     (c)  the covered « corporations » have consented, in writing, to the making of the request;

the Commission may, by written notice given to the administration manager, vary the scope of the licence.

             (2)  If:

                     (a)  a group employer licence is in force; and

                     (b)  the administration manager requests the Commission, in writing, to extend the term of the licence; and

                     (c)  the covered « corporations » have consented, in writing, to the making of the request;

the Commission may, by written notice given to the administration manager, extend the term of the licence.

107X   Suspension or revocation of a group employer licence at the instance of the Commission

             (1)  If:

                     (a)  a group employer licence is in force; and

                     (b)  the Commission considers it appropriate to do so;

the Commission may, by written notice given to the administration manager:

                     (c)  suspend the licence for a specified period; or

                     (d)  revoke the licence.

             (2)  Before taking action under subsection (1), the Commission must follow such procedures, if any, as are specified in the Minister’s directions as procedures preliminary to the suspension or revocation of a group employer licence at the instance of the Commission.

Note:          For the Minister’s directions, see section 101.

             (3)  If:

                     (a)  a group employer licence is in force; and

                     (b)  there is no administration manager for the licence;

the Commission may, by written notice given to each of the covered « corporations » , revoke the licence.

             (4)  Before taking action under subsection (3), the Commission must follow such procedures, if any, as are specified in the Minister’s directions as procedures preliminary to the revocation of a group employer licence at the instance of the Commission.

Note:          For the Minister’s directions, see section 101.

107Y   Revocation of group employer licence at request of administration manager

                   If:

                     (a)  a group employer licence is in force; and

                     (b)  the administration manager requests the Commission, in writing, to revoke the licence; and

                     (c)  the covered « corporations » have consented, in writing, to the making of the request;

the Commission may, by written notice given to the administration manager, revoke the licence.

107Z   Effect of suspension or revocation

                   The legislative rules may provide for the consequences of:

                     (a)  the suspension of a group employer licence under section 107X; or

                     (b)  the revocation of a group employer licence under section 107X or 107Y.

107ZA   Group employer licence is not a legislative instrument

             (1)  A group employer licence is not a legislative instrument.

             (2)  A notice under this Part that varies, extends, suspends or revokes a group employer licence is not a legislative instrument.

99  Before section 108

Insert:

Subdivision A Single employer licences

100  Section 108 (heading)

Repeal the heading, substitute:

108   Single employer licence may authorise licence holder to accept liability

101  Subsection 108(1)

Before “licence”, insert “single employer”.

102  Subsection 108(1)

Omit “licensee”, substitute “licence holder”.

103  Subsection 108(2)

Before “licence”, insert “single employer”.

104  Subsection 108(3)

Before “licence” (first occurring), insert “single employer”.

105  Subsection 108(3)

Omit “licensee”, substitute “licence holder”.

106  Subsection 108(3)

Before “licence” (last occurring), insert “single employer”.

107  Section 108A (heading)

Repeal the heading, substitute:

108A   Consequences of a licence holder’s authorisation to accept liability

108  Paragraph 108A(1)(a)

Omit “a licensee”, substitute “the licence holder of a single employer licence”.

109  Paragraph 108A(1)(c)

Omit “licensee”, substitute “licence holder”.

110  Subsection 108A(2)

Before “licence”, insert “single employer”.

111  Subsection 108A(2)

Omit “licensee”, substitute “licence holder”.

112  Subsection 108A(3)

Omit “a licensee”, substitute “the licence holder of a single employer licence”.

113  Subsection 108A(3)

Omit “the licensee”, substitute “the licence holder”.

114  Subsection 108A(3) (note)

Omit “licensees”, substitute “licence holders”.

115  Subsection 108A(4)

Omit “a licensee”, substitute “the licence holder of a single employer licence”.

116  Subsections 108A(4), (5) and (6)

Omit “the licensee” (wherever occurring), substitute “the licence holder”.

117  Subsection 108A(7)

Omit “a licensee who is a corporation”, substitute “the licence holder of a single employer licence who is a corporation (other than a Commonwealth authority)”.

118  Paragraph 108A(7)(a)

Omit “a licensee”, substitute “the licence holder”.

119  At the end of Division 3 of Part VIII

Add:

Subdivision B Group employer licences

108AA   Group employer licence may authorise a relevant authority to accept liability

             (1)  A group employer licence may provide that each relevant authority is authorised to accept liability to pay compensation and other amounts under this Act in respect of:

                     (a)  particular injury, loss or damage suffered by; or

                     (b)  the death of;

some or all of the employees of the « corporations » that were covered by the licence when the injury, loss, damage or death occurred.

             (2)  If such a liability is accepted by a relevant authority, the liability is accepted on behalf of the « corporations » that were covered by the licence when the injury, loss, damage or death occurred.

             (3)  The scope of the group employer licence, so far as it authorises acceptance of liability to pay such compensation and other amounts, may be determined by the Commission.

             (4)  For the purposes of subsections (1) and (2), if:

                     (a)  an injury suffered by an employee of a corporation occurred when the corporation was covered by the group employer licence; and

                     (b)  the injury resulted in the death of the employee; and

                     (c)  the death occurred after the corporation ceased to be covered by the licence;

the death is taken to have occurred when the corporation was covered by the licence.

108AB   Consequences of a relevant authority’s authorisation to accept liability

             (1)  If:

                     (a)  a relevant authority of a group employer licence is authorised to accept liability to pay compensation and other amounts under this Act in respect of:

                              (i)  particular injury, loss or damage suffered by; or

                             (ii)  the death of;

                            some or all of the employees of the « corporations » that were covered by the licence when the injury, loss, damage or death occurred; and

                     (b)  such injury, loss, damage or death occurs;

then:

                     (c)  those « corporations » are jointly and severally liable to pay compensation and other amounts under this Act in respect of that injury, loss, damage or death; and

                     (d)  Comcare is not liable to pay compensation or other amounts under this Act in respect of that injury, loss, damage or death; and

                     (e)  no workers’ compensation law applies to such a corporation in respect of that injury, loss, damage or death; and

                      (f)  such a corporation is not liable to have any proceedings (including proceedings under Part VI) brought against it in respect of that injury, loss, damage or death, unless those proceedings are proceedings for the recovery of compensation or other amounts under this Act.

Note:          Proceedings may be brought against a relevant authority in respect of the management of claims (see subsection 108CB(3)).

             (2)  For the purposes of paragraph (1)(a), if:

                     (a)  an injury suffered by an employee of a corporation occurred when the corporation was covered by the group employer licence; and

                     (b)  the injury resulted in the death of the employee; and

                     (c)  the death occurred after the corporation ceased to be covered by the licence;

the death is taken to have occurred when the corporation was covered by the licence.

120  Before section 108B

Insert:

Subdivision A Single employer licences

121  Section 108B (heading)

Repeal the heading, substitute:

108B   Single employer licence may authorise licence holder to manage claims

122  Subsection 108B(1)

Before “licence”, insert “single employer”.

123  Subsection 108B(1)

Omit “licensee” (first occurring), substitute “licence holder”.

124  Subsection 108B(1)

Omit “licensee’s”, substitute “licence holder’s”.

125  Subsection 108B(1)

Omit “licensee” (last occurring), substitute “licence holder”.

126  Subsection 108B(2)

Before “licence”, insert “single employer”.

127  Subsection 108B(2)

Omit “licensee”, substitute “licence holder”.

128  Subsection 108B(3)

Omit “A licensee”, substitute “The licence holder of a single employer licence”.

129  Subsection 108B(3)

Omit “licensee’s”, substitute “licence holder’s”.

130  Subsection 108B(3)

Omit “licensee” (last occurring), substitute “licence holder”.

131  Subsection 108B(4)

Omit “licensee” (wherever occurring), substitute “licence holder”.

132  Subsection 108B(5)

Before “licence” (first occurring), insert “single employer”.

133  Subsection 108B(5)

Omit “licensee”, substitute “licence holder”.

134  Subsection 108B(6)

Before “licence” (first occurring), insert “single employer”.

135  Subsection 108B(6)

After “corporation” (first occurring), insert “(other than a Commonwealth authority)”.

136  Section 108C (heading)

Repeal the heading, substitute:

108C   Consequences of a licence holder’s authorisation to manage claims

137  Subsection 108C(1)

Omit “a licensee”, substitute “the licence holder of a single employer licence”.

138  Subsection 108C(1)

Omit “the licensee” (wherever occurring), substitute “the licence holder”.

139  Subsection 108C(1)

Before “licence”, insert “single employer”.

140  Subsection 108C(2)

Omit “a licensee”, substitute “the licence holder of a single employer licence”.

141  Subsection 108C(2)

Omit “the licensee” (wherever occurring), substitute “the licence holder”.

142  Subsection 108C(3)

Omit “a licensee”, substitute “the licence holder of a single employer licence”.

143  Subsection 108C(3)

Omit “the licensee” (wherever occurring), substitute “the licence holder”.

144  Paragraph 108C(4)(a)

Before “licence”, insert “single employer”.

145  Subsection 108C(4)

Omit “the licensee”, substitute “the licence holder”.

146  Subsection 108C(5)

Before “licence”, insert “single employer”.

147  Subsection 108C(5)

Omit “the licensee” (wherever occurring), substitute “the licence holder”.

148  Subsection 108C(6)

Omit “licensee”, substitute “licence holder of a single employer licence”.

149  Subsection 108C(7)

Omit “a licensee”, substitute “the licence holder of a single employer licence”.

150  Subsection 108C(7)

Omit “the licensee” (wherever occurring), substitute “the licence holder”.

151  Subsection 108C(8)

Omit “licensee” (first occurring), substitute “licence holder of a single employer licence”.

152  Paragraph 108C(8)(a)

Omit “the licensee”, substitute “the licence holder of the licence”.

153  Subsection 108C(10)

Omit “licensee”, substitute “licence holder”.

154  At the end of Division 4 of Part VIII

Add:

Subdivision B Group employer licences

108CA   Group employer licence may authorise relevant authority to manage claims

             (1)  A group employer licence may authorise:

                     (a)  each relevant authority for the licence; or

                     (b)  a specified person acting on a relevant authority’s behalf;

to manage some or all of the claims that the relevant authority is authorised by the licence to accept.

             (2)  The scope of the group employer licence, so far as it authorises management by a relevant authority of claims made under this Act, may be determined by the Commission.

             (3)  A relevant authority may, at any time, enter into a contract with another person for the management, on the relevant authority’s behalf, of the claims that the relevant authority is authorised to manage.

             (4)  If a relevant authority enters into such a contract, it does not come into force unless and until the Commission has varied the licence to note the identity of the person with whom the relevant authority has contracted for the management of claims.

108CB   Consequences of a relevant authority’s authorisation to manage claims

             (1)  If a relevant authority for a group employer licence is authorised by the licence to manage claims, the relevant authority must determine any particular claim that the relevant authority is authorised to manage in accordance with the scope of the licence.

             (2)  If a relevant authority for a group employer licence is authorised to manage claims, then, in respect of any particular claim that the relevant authority is authorised to manage, any notice or claim given or made under Part V after the licence comes into force is to be given or made to the relevant authority.

             (3)  If a relevant authority for a group employer licence 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 relevant authority in managing such a claim; or

                     (b)  in relation to any thing done, or taken to have been done, by the relevant authority in managing such a claim;

must be brought against the relevant authority.

             (4)  If proceedings are brought against a relevant authority for a group employer licence in accordance with subsection (3):

                     (a)  the relevant authority 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.

             (5)  An application by Comcare under subsection (4):

                     (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 proceedings by serving on them a copy of the notice so filed.

             (6)  A decision in proceedings referred to in subsection (4) is binding on the relevant authority and on Comcare, whether or not Comcare is joined as a party to the proceedings.

155  Before section 108D

Insert:

Subdivision A Single employer licences

156  Section 108D (heading)

Repeal the heading, substitute:

108D   Commission may grant single employer licence on conditions

157  Subsection 108D(1)

Before “licence” (first occurring), insert “single employer”.

158  Subsection 108D(1)

Omit “the licensee” (first occurring), substitute “the licence holder”.

159  Paragraphs 108D(1)(a), (b) and (c)

Omit “the licensee”, substitute “the licence holder”.

160  Paragraph 108D(1)(c)

Omit “licensee’s”, substitute “licence holder’s”.

161  Paragraph 108D(1)(d)

Omit “the licensee”, substitute “the licence holder”.

162  Paragraph 108D(1)(d)

Omit “licensee’s”, substitute “licence holder’s”.

163  Paragraphs 108D(1)(e), (f) and (g)

Omit “the licensee” (wherever occurring), substitute “the licence holder”.

164  Subsection 108D(2)

Before “licence” (first occurring), insert “single employer”.

165  Subsection 108D(2)

Omit “licensee”, substitute “licence holder”.

166  At the end of Division 5 of Part VIII

Add:

Subdivision B Group employer licences

108DA   Commission may issue group employer licence on conditions

             (1)  The Commission may, in issuing a group employer licence, express the licence to be subject to any conditions it considers are necessary to achieve the objects of this Act in its application to the covered « corporations » .

             (2)  Without limiting the matters the conditions may deal with, the conditions may include:

                     (a)  a condition that each covered corporation, and any person acting on behalf of a covered corporation, will comply with the requirements of this Act and any relevant directions given by the Commission; and

                     (b)  a condition that each covered « corporation » will pay such licence « fees » and other « fees » as are calculated in such manner, and payable at such times, as the Commission specifies; and

                     (c)  a condition that each specified covered corporation will maintain such funds, and in such form, as the Commission directs for the purpose of enabling the due discharge of the covered corporation’s liability to pay:

                              (i)  compensation and other amounts under this Act; or

                             (ii)  so much of that liability as exceeds a specified amount; and

                     (d)  a condition that appropriate bank or other guarantees will be obtained by each specified covered corporation for the due discharge of the covered corporation’s liability to pay:

                              (i)  compensation and other amounts under this Act; or

                             (ii)  so much of that liability as exceeds a specified amount; and

                     (e)  a condition that each covered corporation will comply with the requirements of any applicable laws of the Commonwealth, States and Territories with respect to the safety, health and rehabilitation of employees; and

                      (f)  a condition that, in all circumstances or specified circumstances, each covered corporation will not cause or permit to be made on its behalf to a court or tribunal any submission that Comcare or the Commission has requested the covered corporation not to make; and

                     (g)  conditions concerning performance of functions in relation to the licence by persons other than a covered corporation, including conditions concerning the reconsideration of determinations made by a relevant authority; and

                     (h)  conditions requiring provision of information and notifications in respect of specified events.

             (3)  This section does not prevent each of the « corporations » covered by a group employer licence from being specified in a condition mentioned in paragraph (2)(c) or (d).

Variation of conditions

             (4)  At any time while a group employer licence is in force, the Commission may, by written notice given to the administration manager, vary the conditions to which the licence is subject.

             (5)  The notice must set out:

                     (a)  the terms of the variation; and

                     (b)  the date of effect of the variation (which must not be earlier than the date of notification of the variation).

167  Section 108E (heading)

Repeal the heading, substitute:

108E   Functions of licence holders of single employer licences

168  Section 108E

Omit “a licensee”, substitute “the licence holder of a single employer licence”.

169  Section 108E

After “corporation” (first occurring), insert “(other than a Commonwealth authority)”.

170  Section 108E

Omit “the licensee” (wherever occurring), substitute “the licence holder”.

171  Section 108F (heading)

Repeal the heading, substitute:

108F   Powers of licence holders of single employer licences

172  Section 108F

Omit “A licensee”, substitute “The licence holder of a single employer licence”.

173  After section 108F

Insert:

108FA   Functions of « corporations » covered by group employer licences

                   The functions of a corporation covered by a group employer licence include, in addition to any functions conferred under other legislation or in the constitution of the corporation, the following additional functions:

                     (a)  if the corporation pays compensation or other amounts under this Act—to make those payments accurately and quickly;

                     (b)  if the corporation is a relevant authority for the licence—to determine relevant claims accurately and quickly, and to take all necessary action in respect of the subsequent management of those claims;

                     (c)  if the corporation is a relevant authority for the licence—to do anything, and to meet any obligation, the doing or meeting of which:

                              (i)  is incidental to the performance of the function referred to in paragraph (b); and

                             (ii)  would be required of Comcare if Comcare had responsibility for the performance of that function;

                     (d)  if the corporation is the administration manager for the licence—to maintain contact with the Commission and with Comcare to ensure that, as far as practicable, there is equity of outcomes resulting from administrative practices and procedures used by Comcare and the corporation in the performance of their respective functions;

                     (e)  to comply with the conditions to which the licence is subject.

108FB   Powers of « corporations » covered by group employer licences

                   A corporation covered by a group employer licence has power to do all things necessary or convenient to be lawfully done for, or in connection with, the performance of functions conferred by section 108FA.

174  Paragraph 108G(a)

Before “licence”, insert “single employer”.

175  After paragraph 108G(a)

Insert:

                    (aa)  the variation (other than under section 107Q) of a group employer licence; or

                   (ab)  the extension, suspension or revocation of a group employer licence; or

176  Section 108G

After “specified in”, insert “, or ascertained in accordance with,”

177  At the end of Part VIII

Add:

108J   Single relevant authority for a group employer licence

             (1)  If:

                     (a)  there is a single relevant authority for a group employer licence; and

                     (b)  a financial liability would otherwise be imposed by or under this Act on the relevant authority in relation to:

                              (i)  injury, loss or damage suffered by; or

                             (ii)  the death of;

                            an employee of a corporation that was covered by the licence when the injury, loss, damage or death occurred;

the financial liability is imposed jointly and severally on the « corporations » that were covered by the licence when the injury, loss, damage or death occurred, instead of on the relevant authority alone.

             (2)  If:

                     (a)  there is a single relevant authority for a group employer licence; and

                     (b)  a financial liability that would otherwise be imposed by or under this Act on the relevant authority is not covered by subsection (1);

the financial liability is imposed jointly and severally on the covered « corporations » , instead of on the relevant authority alone.

108K   Multiple relevant authorities for a group employer licence

             (1)  If:

                     (a)  a group employer licence is in force; and

                     (b)  there are 2 or more relevant authorities for the licence; and

                     (c)  a financial liability would otherwise be imposed by or under this Act on a relevant authority in relation to:

                              (i)  injury, loss or damage suffered by; or

                             (ii)  the death of;

                            an employee of a corporation that was covered by the licence when the injury, loss, damage or death occurred;

the financial liability is imposed jointly and severally on the « corporations » that were covered by the licence when the injury, loss, damage or death occurred, instead of on a relevant authority alone.

             (2)  If:

                     (a)  a group employer licence is in force; and

                     (b)  there are 2 or more relevant authorities for the licence; and

                     (c)  a financial liability that would otherwise be imposed by or under this Act on a relevant authority is not covered by subsection (1);

the financial liability is imposed jointly and severally on the covered « corporations » , instead of on a relevant authority alone.

             (3)  If there are 2 or more relevant authorities for a group employer licence, a non-financial obligation imposed by or under this Act on a relevant authority may be discharged by any of the relevant authorities.

             (4)  For the purposes of subsection (1), if:

                     (a)  an injury suffered by an employee of a corporation occurred when the corporation was covered by the group employer licence; and

                     (b)  the injury resulted in the death of the employee; and

                     (c)  the death occurred after the corporation ceased to be covered by the licence;

the death is taken to have occurred when the corporation was covered by the licence.

108L   Extended meaning of relevant authority

             (1)  If:

                     (a)  a group employer licence is in force; and

                     (b)  a corporation has ceased to be covered by the licence; and

                     (c)  either:

                              (i)  injury, loss or damage suffered by; or

                             (ii)  the death of;

                            an employee of the corporation occurred when the corporation was covered by the licence;

then, for the purposes of the application of this Act to the injury, loss, damage or death, relevant authority , in relation to the employee, means a relevant authority for the licence.

             (2)  For the purposes of subsection (1), if:

                     (a)  an injury suffered by an employee of a corporation occurred when the corporation was covered by the group employer licence; and

                     (b)  the injury resulted in the death of the employee; and

                     (c)  the death occurred after the corporation ceased to be covered by the licence;

the death is taken to have occurred when the corporation was covered by the licence.

108M   Notification of cessation of coverage under a group employer licence

             (1)  If:

                     (a)  a group employer licence is in force; and

                     (b)  a covered corporation (the departing corporation ) ceases to be a related body corporate of the key body corporate; and

                     (c)  the departing corporation is not the administration manager;

the administration manager must:

                     (d)  notify the Commission, in writing, of the cessation; and

                     (e)  do so within 5 working days after becoming aware of the cessation.

             (2)  If:

                     (a)  a group employer licence is in force; and

                     (b)  a covered corporation (the departing corporation ) ceases to be a related body corporate of the key body corporate; and

                     (c)  the departing corporation is the administration manager;

the covered « corporations » must:

                     (d)  notify the Commission, in writing, of the cessation; and

                     (e)  do so within 5 working days after becoming aware of the cessation.

             (3)  An obligation imposed by subsection (2) on the covered « corporations » may be discharged by any of the covered « corporations » .

108N   Grandfathering of single employer licence—transition to group employer licence

             (1)  If a corporation:

                     (a)  is the licence holder of a single employer licence; and

                     (b)  becomes covered by a group employer licence at a particular time;

then:

                     (c)  the single employer licence does not authorise the corporation to accept liability to pay compensation and other amounts under this Act in respect of:

                              (i)  injury, loss or damage suffered by; or

                             (ii)  the death of;

                            an employee of the corporation that occurred after that time; and

                     (d)  the single employer licence does not authorise the corporation, or a person acting on the corporation’s behalf, to manage a claim made in respect of:

                              (i)  injury, loss or damage suffered by; or

                             (ii)  the death of;

                            an employee of the corporation that occurred after that time; and

                     (e)  the corporation is taken to continue to be the relevant authority for the purposes of the application of this Act to:

                              (i)  injury, loss or damage suffered by; or

                             (ii)  the death of;

                            an employee of the corporation that occurred before that time.

             (2)  The Commission may, by written notice given to the licence holder of a single employer licence, vary the licence in order to ensure that the licence complies with subsection (1).

             (3)  Subsection (1) has effect despite any other provision of this Act.

             (4)  For the purposes of subsection (1), if:

                     (a)  an injury suffered by an employee of a corporation occurred when the corporation was the licence holder of a single employer licence; and

                     (b)  the injury resulted in the death of the employee; and

                     (c)  the death occurred after the corporation became covered by a group employer licence;

the death is taken to have occurred when the corporation was the licence holder of the single employer licence.

178  Subparagraph 114A(1)(a)(ii)

Omit “a licence”, substitute “a single employer licence”.

179  Subparagraph 114A(1)(a)(iii)

Repeal the subparagraph, substitute:

                            (iii)  a Commonwealth authority that is covered by a group employer licence and is required, in accordance with the conditions to which that licence is subject, to notify Comcare of the retirement of the employee; or

                            (iv)  a Commonwealth authority that is not a licensed authority;

180  Subsection 114B(15)

Repeal the subsection.

181  After section 121A

Insert:

121B   « Fees

                   A fee under this Act must not be such as to amount to taxation.

182  At the end of Part IX

Add:

122A   Legislative rules

                   The Minister may, by legislative instrument, make rules ( legislative rules ) prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the legislative rules; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Work Health and Safety Act 2011

183  Section 4 (definition of non-Commonwealth licensee )

Repeal the definition, substitute:

non-Commonwealth licensee means:

                     (a)  a body corporate that:

                              (i)  holds a single employer licence under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 (whether or not the licence is suspended); and

                             (ii)  is not a Commonwealth authority within the meaning of that Act; or

                     (b)  a body corporate that:

                              (i)  is covered by a group employer licence under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 (whether or not the licence is suspended); and

                             (ii)  is not a Commonwealth authority within the meaning of that Act.

Part 2 Transitional provisions

184  Transitional—licences

(1)       This item applies to a licence under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 if the licence was in force immediately before the commencement of this item.

(2)       The licence has effect, after the commencement of this item, as if it were a single employer licence.

(3)       The Commission must:

                     (a)  by written notice given to the licence holder, vary the licence by renaming the licence as a single employer licence; and

                     (b)  do so as soon as practicable after the commencement of this item.

(4)       A reference in the licence to the licensee is to be read as a reference to the licence holder.

185  Transitional—application form

The amendment of paragraph 102(1)(a) of the Safety, Rehabilitation and Compensation Act 1988 made by this Schedule does not affect the continuity of regulations that were:

                     (a)  made for the purposes of that paragraph; and

                     (b)  in force immediately before the commencement of this item.