SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 104 Licence decision

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 104

  (1)   If the Commission considers, having regard to:

  (a)   the information contained in an application received by it; 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;

that it is appropriate to do so, the Commission may grant the licence sought. On granting the licence, the Commission must, by written notice given to the applicant, inform the applicant of its decision.

  (2)   In order for the Commission to be satisfied, for the purposes of subsection   (1), that it is appropriate to grant an applicant the licence sought, the Commission must be satisfied that:

  (a)   the applicant has sufficient resources to fulfil the responsibilities imposed on it under the licence; and

  (b)   the applicant has the capacity to ensure (where the scope of the licence so provides) that claims that are to be managed either by the licensee, or by another person identified in the licence on the licensee's behalf, will be managed in accordance with standards set by the Commission for the management of claims; and

  (c)   the grant of the licence will not be contrary to the interests of the employees of the licensee whose affairs fall within the scope of the licence; and

  (d)   the applicant has the capacity to meet the standards set by the Commission for the rehabilitation and occupational health and safety of its employees.

  (2A)   The Commission must not grant a licence to the applicant if:

  (a)   because of the past conduct of the applicant, including the applicant'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 applicant will, if licensed, meet the standards set by the Commission for the occupational health and safety of the applicant's employees; or

  (b)   because of the past conduct of the applicant, including the applicant'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 applicant will, if licensed, meet the standards set by the Commission for the rehabilitation of the applicant's employees; or

  (c)   because of the past conduct of the applicant, including the applicant'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 applicant will, if licensed, manage claims in accordance with the standards set by the Commission.

  (3)   If the Commission does not consider it appropriate to grant the applicant the licence sought, it must, by written notice given to the applicant, inform the applicant that it has decided to refuse the application and provide reasons for its decision.

  (4)   Nothing in subsection   (3) prevents the Commission, with the written agreement of the applicant, granting the applicant a licence having a different scope to the licence sought by the applicant.