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Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (No. 29 of 2011)
Requested:  18 Apr 2014
Consolidated as at:  21 Feb 2012

148. Tribunal may make interim declaration

      (1) The Tribunal may make an interim determination, ruling or direction in respect of an application for referral made to it, if –

(a) a delay by one party to the proceedings substantially prejudices another party to the proceedings; or

(b) a party fails to comply with a direction of the Tribunal; or

(c) the Tribunal is otherwise satisfied that the interests of justice require it.

      (2) If the Tribunal makes an interim determination, ruling or direction it must make an order that gives effect to that interim determination, ruling or direction.

      (3) It is not a requirement for the making of an interim order that the applicant might otherwise suffer serious or irreparable harm.

      (4) An order made under subsection (2) is to specify the period for which the interim determination, ruling or direction applies.

      (5) The Tribunal is not to make an order under subsection (2) in respect of the provision under Part 11 of a medical service within the meaning of section 116 unless it is satisfied that –

(a) the service is reasonably necessary –

(i) to prevent a deterioration in a person's medical condition; or

(ii) to promote an early return to work; or

(iii) to relieve significant pain or discomfort; and

(b) the total cost of the service will not be more than $5 000.

      (6) If an order is made under this section, the Registrar must, as soon as practicable after the order is made, arrange for a copy of the order to be served on all parties to the proceeding to which the order relates.



CURRENT VIEW: 31 Oct 2011 -
VIEW THE SESSIONAL VERSION