New South Wales Consolidated Acts

WORKERS' COMPENSATION (DUST DISEASES) ACT 1942 - SECT 11

11 Effect of extending Act to other dust diseases: Baker v Australian Asbestos Insulations Pty. Ltd. overruled

(1) If Schedule 1 is amended (whether by Act or regulation) so as to include a disease as a dust disease within the meaning of this Act:

(a) the amendment operates to extinguish an entitlement to compensation under the Principal Act in respect of that disease existing immediately before the amendment unless an application for compensation in respect of the entitlement is made before the amendment, and

(b) this Act is to be taken to have always applied to the dust disease.

(2) Subsection (1) (a) does not operate to extinguish a person’s entitlement to compensation if the person does not have an entitlement to compensation under this Act in respect of the matter concerned.

(3) This section applies to an amendment made to Schedule 1 whether before or after this section commences (including that made by the Workers’ Compensation (Dust Diseases) Amendment Act 1983 ) but not so as to affect an entitlement to compensation under the Principal Act for which an application for compensation has been made before this section commences.

(4) In this section, a reference to the amendment of Schedule 1 includes a reference to the substitution of Schedule 1.