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Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (No. 29 of 2011)
Requested:  20 Apr 2014
Consolidated as at:  21 Feb 2012

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

      (1) In this section –

relevant person means –

(a) a compensable person; or

(b) if a compensable person is deceased, his or her legal personal representatives; or

(c) a member of the family of a compensable person; or

(d) if a member of the family of a compensable person is deceased, his or her legal personal representatives;

relevant reason means by reason of any contract, agreement, or arrangement, made by a relevant person or by reason of such a person being a contributor or subscriber to any institution, fund or scheme.

      (2) If the Commissioner is required under section 117, 118 or 119 to pay expenses for a compensable service or for the burial or cremation of a person, the Commissioner is, to the extent provided in this section, to pay those expenses to the person or body of persons who performed the service or carried out the burial or cremation.

      (3) Despite subsection (2), if another person has paid in whole or in part for the compensable service or the expenses of the burial or cremation of a compensable person, the Commissioner, to the extent provided by this section, is to reimburse, to the person who paid the amount, the amount paid.

      (4) If a relevant person is entitled, for a relevant reason, to any compensable services or to the person's burial or cremation free of charge or at a reduced rate of charge –

(a) the amount that the Commissioner is liable to pay in respect of the expenses of that service, burial or cremation is not thereby reduced; and

(b) after payment of the amount (if any) actually owing to the person or body of persons who provided the service or performed the burial or cremation, the Commissioner is to pay the balance of the expenses, to the extent provided by this section, as the case requires, to a relevant person.

      (5) The payment of the reasonable expenses of any service, repair or replacement, or burial or cremation expenses under this section, including upon the determination of the Tribunal, discharges from liability in respect of the expenses of that service, repair or replacement, or burial or cremation –

(a) the compensable person and his or her legal personal representatives; and

(b) the members of his or her family; and

(c) every other person.

      (6) No action, claim or demand may be brought or allowed by or in favour of any person against a relevant person for the payment or recovery of the relevant expenses.

      (7) For the purposes of subsection (6), the relevant expenses are –

(a) any expenses that the Commissioner is liable to pay under subsection (2); or

(b) the difference between –

(i) the amount charged by a medical practitioner, in relation to medical treatment provided to or carried out on a compensable person for any matter in respect of which the Commissioner is liable to pay such expenses; and

(ii) the amount of the fee referred to in section 177(a) or (b) in respect of that treatment.



CURRENT VIEW: 31 Oct 2011 -
VIEW THE SESSIONAL VERSION