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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

81. Time in which application under section 79 is to be determined

      (1) The Commissioner, under section 80(1), is to determine an application by a person under section 79 within 10 business days after receiving the application.

      (2) If the Commissioner, after receiving from a person an application under section 79, refers a medical question in relation to the person to a medical practitioner in accordance with section 80(2) –

(a) subsection (1) does not apply in relation to the application; and

(b) the Commissioner, within 10 business days after receiving a determination of the medical question from the medical practitioner, is to –

(i) determine under section 80(1) the application; or

(ii) refer the medical question to a medical panel.

      (3) If the Commissioner, after receiving from a person an application under section 79, refers a medical question in relation to the person to a medical panel in accordance with section 80(2) or (3) or subsection (2)(b)(ii) –

(a) subsection (1) does not apply in relation to the application; and

(b) the Commissioner is to determine under section 80(1) the application within 10 business days after receiving a determination of the medical question from the medical panel.

      (4) Subsection (5) applies in relation to an application under section 79 by a person if the Commissioner has –

(a) referred a medical question in relation to the person to a medical practitioner or medical panel in accordance with section 80(2) or (3) or subsection (2)(b)(ii); and

(b) in a notice under section 82(2), requested the person to provide further information that relates to a medical question.

      (5) If this subsection applies in relation to an application under section 79 by a person –

(a) subsections (1), (2) and (3) do not apply in relation to the application; and

(b) the Commissioner is to determine under section 80(1) the application within 10 business days after the Commissioner receiving both –

(i) the determination of the medical practitioner or medical panel, as the case may be; and

(ii) the further information requested.



CURRENT VIEW: 31 Oct 2011 -
VIEW THE SESSIONAL VERSION