ACCIDENT COMPENSATION ACT 1985 - SECT 135BB Actions by workers with asbestos-related conditions
ACCIDENT COMPENSATION ACT 1985 - SECT 135BB
Actions by workers with asbestos-related conditions(1) This section applies to a worker who may have an entitlement to recover damages in accordance with section 134AB or 135A in respect of an injury that is an asbestos-related condition arising out of, or in the course of, or due to the nature of, employment.
(2) If this section applies, the worker may, subject to compliance with the requirements of this section, bring proceedings in accordance with—
(a) section 134AB without complying with the requirements of subsections (1) to (21) and subsections (27), (28) and (38) of that section; or
(b) section 135A without complying with subsections (1) to (6) and subsections (13), (13A), (18A) and (18B) of that section.
(3) If a worker commences proceedings under section 134AB or 135A on the basis that this section applies, the worker must within 30 days of the commencement of the proceedings apply to an Associate Judge of the Supreme Court—
(a) for an order allowing leave for the worker to proceed nunc pro tunc; and
(b) for an order allowing an expedited hearing of the proceedings if the asbestos-related condition gives rise to an imminent risk of death.
(4) The Associate Judge of the Supreme Court must not grant the orders referred to in subsection (3) unless the Associate Judge of the Supreme Court is satisfied on the balance of probabilities that the injury arising out of, or in the course of, or due to the nature of, employment is an asbestos-related condition.
(5) If the Associate Judge of the Supreme Court does not grant the orders referred to in subsection (3), the Associate Judge of the Supreme Court must make an order that the proceedings be struck out on the grounds that this section does not apply and that the proceedings have not been brought in accordance with section 134AB or 135A.
(6) If the Associate Judge of the Supreme Court does grant the orders referred to in subsection (3), the worker can only recover damages in accordance with section 134AB, 135A or 135AC if the worker establishes that the worker has a serious injury within the meaning of section 134AB(38) or 135A(19).
(7) If the worker dies from the asbestos-related condition before the hearing of the proceeding, it is established for the purposes of subsection (6) that the worker had a serious injury within the meaning of section 134AB(38) or 135A(19).
(8) In this section, asbestos-related condition has the same meaning as it has in the Asbestos Diseases Compensation Act 2008 .
Pt 4 Div. 9C (Heading and ss 135BC– 135BH) inserted by No. 10/2022 s. 9.
Division 9C—Subsequent actions by workers with silica-related conditions
S. 135BC inserted by No. 10/2022 s. 9.