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Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (No. 29 of 2011)
Requested:  19 Apr 2014
Consolidated as at:  21 Feb 2012

58. Determination by Tribunal of matter referred to it under section 57

      (1) If a matter in relation to a person to whom section 57(2) applies is referred to the Tribunal under that provision, the Tribunal may do either or both of the following:

(a) suspend the right of the person to compensation under this Act;

(b) suspend the right of the person, or a member of a family of the person, to have expenses paid under Part 11 –

until the Tribunal makes a determination that it is satisfied of the relevant matters in relation to the person to whom section 57(2) applies or the Tribunal otherwise determines the matter.

      (2) The Tribunal may specify in a determination in relation to a matter referred to it –

(a) whether compensation suspended by it is to be paid to a person in respect of the period of suspension; and

(b) the period, of that suspension, in respect of which the person is entitled to be paid compensation.

      (3) The relevant matters in relation to a person to whom section 57(2) applies are that –

(a) the person –

(i) has attended an examination, or test, by a medical professional, at a place and time of which the person has at least 5 business days' notice; and

(ii) has not refused or failed to undergo, or obstructed, the examination or test; or

(b) the person has answered the questions, produced the documents or information or consented to the production of the documents or information referred to in section 57(1); or

(c) the Tribunal is satisfied that the refusal, failure, or obstruction, which constitutes the matter referred to the Tribunal under section 57(2)(b), was reasonable.

      (4) The Tribunal must notify the Commissioner if the Tribunal makes a determination that –

(a) the Tribunal is satisfied as to the relevant matters in relation to a person to whom section 57(2) applies; or

(b) the Tribunal has suspended under subsection (1)(a) or subsection (1)(b) a person's rights.

      (5) If the Commissioner is notified under subsection (4) that the Tribunal has suspended a person's rights under subsection (1)(a), the Commissioner –

(a) must not pay a lump sum payment to the person; and

(b) must cease to make weekly payments, if any, to the person –

until the Commissioner is notified by the Tribunal that the Tribunal has made a determination that it is satisfied of the relevant matters in relation to the person or the Tribunal otherwise determines the matter.

      (6) If the Commissioner is notified under subsection (4) that the Tribunal has suspended a person's rights under subsection (1)(b), the Commissioner must not pay any expenses to the person under Part 11 until the Commissioner is notified by the Tribunal that the Tribunal has made a determination that it is satisfied of the relevant matters in relation to the person or the Tribunal otherwise determines the matter.

      (7) If the Tribunal specifies in a determination in accordance with subsection (2) that compensation is to be paid to a person in respect of a period during which the person's rights to compensation were suspended, the Commissioner is to pay to the person the compensation, in respect of that period, to which the person would have, but for the suspension, been entitled.



CURRENT VIEW: 31 Oct 2011 -
VIEW THE SESSIONAL VERSION