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ASBESTOS-RELATED DISEASES (OCCUPATIONAL EXPOSURE) COMPENSATION ACT 2011 (NO. 29 OF 2011)

- Act 29 of 2011 - Royal Assent 4 October 2011

Table of Provisions

Long Title

PART 1 - Preliminary

1 Short title

2 Commencement

3 Objects of Act

4 Application of Act to Crown

PART 2 - Interpretative Provisions Division 1 - General

5 Interpretation

6 When person has "compensable disease"

7 Meaning of "relevant employment period"

8 Meaning of "medical question"

9 References to certificates as to "imminently fatal" and

10 References to application for compensation relating to person who has

11 Meaning of "evidence of a person's occupational history"

Division 2 - When persons are, or are not, workers

12 When person is a worker

13 Certain contractors and salespeople, &c., to be taken to be

14 Taxi drivers and luxury hire car drivers to be taken to be workers

15 Persons plying vehicles or vessels for hire to be taken to be

16 Jockeys to be taken to be workers

17 Ministers of religion to be taken to be workers

18 Persons may be prescribed to be workers

19 Volunteers engaged in fire-fighting or fire prevention operations to

20 Volunteers engaged in providing ambulance services to be taken to be

21 Police volunteers to be taken to be workers

22 Prescribed classes of volunteers to be taken to be workers

23 Certain persons not to be taken to be workers

24 Persons who are Commonwealth employees when relevant exposure to

25 Sportspeople not to be taken to be workers

Division 3 - When employment is connected with this State

26 When employment is "connected with this State"

27 Determination of State of connection by Commissioner or Tribunal

28 Recognition of previous determinations of State of connection

PART 3 - Entitlement to Compensation

29 Persons with compensable disease entitled to compensation

30 Entitlement to compensation when person contracts another compensable

31 Members of family of person who has compensable disease entitled to

32 Assumptions as to exposure as a worker

PART 4 - Applications for Compensation Division 1 - How applications

to be made

33 Applications for compensation

34 Applications in relation to imminently fatal disease not required in

35 Application by family members to be made jointly

Division 2 - Time in which applications to be made

36 If diagnosis of imminently fatal asbestos-related disease occurs

37 If diagnosis of imminently fatal asbestos-related disease occurs after

38 No time limitation where diagnosis of non-imminently fatal

39 If person who has compensable disease dies

40 Extension of time to make application for compensation

Division 3 - Initial consideration of applications

41 Commissioner may require further information to be provided by

42 Rejection of application

43 Rejection of application may be referred to Tribunal

44 Commissioner to refer assessment of degree of impairment to

PART 5 - Determination of Medical Questions Division 1 - Accredited

impairment assessors

45 Referral to accredited impairment assessor of assessment of degree of

46 Assessment of degree of impairment

Division 2 - Reference of medical questions to medical panel

47 Medical questions to be referred to medical panel

48 Time for referring medical questions to medical panel

49 Commissioner to provide opinions of assessors and other medical

Division 3 - Formation of medical panel

50 Register of suitably qualified medical practitioners

51 Selection of members of medical panel

Division 4 - Referrals to medical practitioners

52 Medical panel may refer medical question to medical practitioner

53 Commissioner is to refer to medical practitioner person receiving

54 Opinion of medical practitioner to whom medical question referred

Division 5 - Medical examinations by medical professionals

55 Person may be required to attend medical examination or take test

56 Medical professional may ask person questions, &c.

57 Refusal by person to assist medical professional

58 Determination by Tribunal of matter referred to it under

59 Representation before medical professional

Division 6 - Determination of medical questions

60 Determination by medical panel

61 Determinations by medical panel if matter referred to accredited

62 Determination by medical panel of whether person has imminently or

63 Time in which medical panel to make determination

64 Medical panel to determine own procedure

65 Medical panels not bound by rules of evidence

Division 7 - Commissioner to pay costs of certain examinations and

tests

66 Commissioner to pay for costs of tests or examinations by accredited

67 Commissioner to pay for costs of certain medical examinations and

68 Applications for payment of costs

PART 6 - Determination of Applications for Compensation

69 Application for compensation to be determined after determination of

70 Commissioner to determine applications for compensation

71 Commissioner bound by medical panel's determination of medical

PART 7 - Compensation Payable to Person Who Has Compensable Disease

Division 1 - Compensation payable to person who has compensable

disease

72 Compensation payable to person who has imminently fatal compensable

73 Compensation payable to person who has non-imminently fatal

Division 2 - Variation of compensation payable

74 Person with increased impairment of less than 51% may apply for

75 Variation of lump sum compensation because of increased impairment of

76 Person with increased impairment of 51% or more may apply for

77 Variation of lump sum compensation because of increased impairment of

78 Time in which application under section 74 or section 76 is

79 Person with increased incapacity may apply for variation of weekly

80 Variation of weekly payments because of increased incapacity

81 Time in which application under section 79 is to be determined

82 Commissioner may request further information be provided

Division 3 - Calculation of weekly payments

83 Interpretation of Division 3

84 Entitlement to weekly payments

85 Amount of weekly payments

86 Matters to be taken into account in calculating weekly payments

87 Calculation of normal weekly earnings

Division 4 - Payment of weekly payments

88 When weekly payments to be made

89 Entitlement to weekly payments where person ceases to reside in this

90 Paid leave during period of incapacity

91 When weekly payments may be terminated or reduced

92 Weekly payments cease when determination made that person has

93 Weekly payments cease on pensionable age

94 Reference to Tribunal of refusal of Commissioner to pay weekly

95 Reference to Tribunal of matters relating to amount of weekly

96 Weekly payment may not be assigned, &c.

PART 8 - Compensation Payable to Family Members

97 Meaning of "total family amount"

98 Compensation payable to family members

99 Person with compensable disease may include stepchildren in family

PART 9 - Persons to Whom Compensation to be Paid

100 Payment of compensation to persons entitled

101 Payment of compensation to Public Trustee

PART 10 - Compensation and Damages under Common Law or Other Laws

Division 1 - Interpretation

102 Interpretation of Part 10

103 Meaning of "relevant judgment or settlement"

104 When action for damages is to be taken to begin for purposes of

Division 2 - Requirements in relation to common law actions

105 Person to notify Commissioner on commencing certain actions or

106 Certain actions not to commence until application for compensation

107 No entitlement to compensation if certain settlements, &c., made

Division 3 - Effect of common law judgments

108 References to receipt of moneys

109 Where money received under settlements, &c., after application for

110 Where money received under settlement, &c., before application

111 Where money received under settlement, &c., before application

112 Where money received under settlement, &c., by member of family

113 Debts due and payable

Division 4 - Statutory compensation under other laws

114 Person not to receive statutory compensation under more than one Act

115 Choice of law

PART 11 - Medical, Funeral, Travel, &c., Expenses

116 Interpretation of Part 11

117 Funeral expenses payable

118 Medical, &c., expenses payable for imminently fatal disease

119 Medical, &c., expenses payable if non-imminently fatal disease

120 Travelling expenses

121 How claim for payment of expenses may be made

122 Determination of claims for payment of expenses

123 Persons to whom expenses under this Part are to be paid

PART 12 - Dispute Resolution Division 1 - Referral of matters to

Tribunal

124 Commissioner's determination of application may be referred to

125 Refusal to increase lump sum may be referred to Tribunal

126 Questions as to whether Commissioner required to pay expenses may be

127 Question as to apportionment between family members may be referred

128 How referrals to be made to Tribunal

Division 2 - Asbestos Compensation Tribunal

129 Asbestos Compensation Tribunal

130 Functions and powers of Tribunal

131 Exclusive jurisdiction of Tribunal

132 Administrative functions of Chief Commissioner of Tribunal

133 Registrar and Deputy Registrars of Tribunal

134 Annual report

135 Record of Tribunal

Division 3 - Hearings

136 Tribunal may amend application or require further information to be

137 Adjournment of proceedings

138 Presentation of cases

139 Procedure

140 Burden of proof

141 Evidence

142 Determination of medical question by Tribunal

143 Parties' right to be heard

144 Right of Tribunal to state case

145 Records of proceedings

146 Costs

147 Contempt

148 Tribunal may make interim declaration

149 Orders

150 Tribunal may publish information relating to determination

151 Orders of Tribunal are final

152 Right of appeal

PART 13 - Asbestos Compensation Commissioner

153 Asbestos Compensation Commissioner

154 Functions of Commissioner

155 Powers of Commissioner

156 Minister may give Commissioner directions

157 Delegation by Commissioner

158 Secretary to, and staff of, Commissioner

159 Annual report

160 Financial statements

161 Commissioner to keep applicants informed

PART 14 - Compensation Fund

162 Asbestos Compensation Fund

163 Nominal Insurer to pay into Fund amounts from HIH funds

164 Minister may give directions in relation to Fund

PART 15 - Levy

165 Interpretation of Part 15

166 Determination of levy

167 Policyholders and self-insurers liable to pay levy

168 Levy amounts to be paid by policyholder to insurer

169 Levy amounts to be paid by self-insurer to Commissioner

170 Convictions for offences relating to levy

171 Refunds of levy amounts

PART 16 - Miscellaneous Division 1 - Recovery of amounts paid under

Act

172 Interpretation of this Division

173 Commissioner may seek to recover certain amounts from culpable

174 Recovery from employer responsible for contraction of asbestos-related

Division 2 - Other matters

175 Enactments relating to limitation of actions do not apply

176 Liability of persons performing functions under this Act

177 Persons not to overcharge for services the Commissioner is required

178 Recovery of compensation, or expenses, that have been overpaid

179 False or misleading statements

180 Commissioner may obtain information

181 Medical certificates to be in approved form

182 Reliance on reports of medical panel or medical practitioner

183 Receipt by minor is valid discharge

184 Maintenance of secrecy

185 Time limits for actions taken by Commissioner, &c.

186 Role of WorkCover Board

187 Review of operation of Act

188 Regulations

189 Administration of Act

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