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Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (No. 29 of 2011)
Requested:  17 Apr 2014
Consolidated as at:  21 Feb 2012

33. Applications for compensation

      (1) A person who has a compensable disease may make an application for compensation under this Act by lodging with the Commissioner an application in the approved form.

      (2) An application for compensation by a person who has a compensable disease is to be accompanied by –

(a) a relevant certificate in relation to the person; and

(b) evidence of the occupational history of the person; and

(c) other evidence that may be relevant to the determination of whether or not the person has or had an asbestos-related disease; and

(d) other evidence in respect of the person's possible exposure to asbestos, whether or not during the course of the person's employment as a worker.

      (3) For the purposes of subsection (2)(a), a relevant certificate in relation to a person is a medical certificate, from a medical specialist, certifying that –

(a) the person has a non-imminently fatal asbestos-related disease; or

(b) the person has an imminently fatal asbestos-related disease.

      (4) A member of the family of a person who has a compensable disease may make an application for compensation under this Act by lodging with the Commissioner an application in the approved form.

      (5) An application for compensation under subsection (4) in relation to a person who has a compensable disease is to be accompanied by –

(a) evidence of the occupational history of the person; and

(b) evidence that may be relevant to the determination of whether or not the person has or had an asbestos-related disease; and

(c) evidence in respect of the person's possible exposure to asbestos, whether or not during the course of the person's employment as a worker; and

(d) evidence that the person has died and of the date of the person's death; and

(e) evidence, if any, that an asbestos-related disease was reasonably likely to have been a significant factor contributing to the death of the person.



CURRENT VIEW: 31 Oct 2011 -
VIEW THE SESSIONAL VERSION