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Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (No. 29 of 2011)
Requested:  25 Apr 2014
Consolidated as at:  21 Feb 2012

Division 1 - Interpretation

102. Interpretation of Part 10

      (1) In this Part –

damages means damages recoverable (whether by virtue of an enactment or otherwise) in respect of any civil liability, however arising.

      (2) In this Part, a reference to –

(a) a lump sum amount received by a person under this Act in relation to an asbestos-related disease; or

(b) a lump sum amount to which a person is entitled under this Act in relation to an asbestos-related disease –

includes a reference to such a lump sum amount that relates in part to another asbestos-related disease.

103. Meaning of "relevant judgment or settlement"

      (1) For the purposes of this Part, a relevant judgment or settlement is given or made in respect of a person in relation to an asbestos-related disease if –

(a) the person entered into an agreement to accept from another person an amount by way of settlement of a claim for damages in relation to –

(i) the contraction of the disease by the person; or

(ii) the contraction of the disease by another person who has a compensable disease and of whose family the person is a member –

including by virtue of accepting any money paid into a court in satisfaction of, or an offer of compromise in respect of, a claim for damages in relation to the contraction of the disease; or

(b) a court has delivered a judgment that an amount is payable to the person by way of damages in relation to –

(i) the contraction of the disease by the person; or

(ii) the contraction of the disease by another person who has a compensable disease and of whose family the person is a member.

      (2) For the purposes of this Part, if –

(a) a relevant judgment or settlement is given or made, or an action for damages is commenced, in respect of a person in relation to one or more asbestos-related diseases; and

(b) either –

(i) an application for compensation is made by the person in relation to one or more asbestos-related diseases; or

(ii) the person receives, by way of one or more lump sums, compensation under this Act in relation to one or more asbestos-related diseases pursuant to an application under section 33, section 74 or section 76 made by the person –

the disease or diseases to which the application for compensation relates, or in relation to which the lump sum or sums are paid, are to be taken to be the same disease or diseases as the disease or diseases to which the relevant judgment or settlement, or the action for damages, relates.

      (3) Subsection (2) does not apply in relation to an application for compensation made by a person, or compensation received by the person by way of lump sums under this Act pursuant to an application made by the person under section 33, section 74 or section 76, if –

(a) the person establishes that –

(i) the relevant judgment or settlement that was given or made, or one or more documents by which the action for damages is commenced, specifies the asbestos-related disease or asbestos-related diseases to which the judgment, settlement or action relates; and

(ii) none of those diseases is the same disease as an asbestos-related disease to which the application for compensation relates, or the compensation is received by the person by way of lump sums under this Act, as the case may be; or

(b) the person establishes, otherwise than in accordance with paragraph (a), that the asbestos-related disease, or asbestos-related diseases, to which the relevant judgment or settlement, or the action for damages, relates are not the same asbestos-related disease or asbestos-related diseases as the asbestos-related disease or asbestos-related diseases to which the application for compensation relates, or the compensation is received by the person by way of lump sums under this Act, as the case may be.

      (4) For the purposes of this Part, a reference to a relevant judgment or settlement, or an action for damages, includes a reference to such a judgment or settlement, or such an action, whether given or made, or commenced, in Australia or any other country or territory.

104. When action for damages is to be taken to begin for purposes of this Part

For the purposes of this Part, a person is to be taken to commence an action for damages in relation to an asbestos-related disease when the person –

(a) gives to the person from whom the damages are, in effect, being claimed, notice in writing to the effect that damages are being claimed from the person in relation to the asbestos-related disease; or

(b) commences proceedings in a court of competent jurisdiction in Australia or any other country or territory to recover damages from another person in relation to the asbestos-related disease –

whichever occurs first.

CURRENT VIEW: 31 Oct 2011 -
VIEW THE SESSIONAL VERSION