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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

Division 2 - Requirements in relation to common law actions

105. Person to notify Commissioner on commencing certain actions or receiving certain damages

      (1) A person who has received, in relation to an asbestos-related disease, a lump sum under this Act must, within 20 business days after –

(a) commencing, after the commencement day, an action for damages in relation to the asbestos-related disease; or

(b) a relevant judgment or settlement is given or made, after the commencement day, in respect of the person; or

(c) the person receives, after the commencement day, an amount as damages in relation to the asbestos-related disease –

notify the Commissioner in writing of the commencement of that action, the relevant judgment or settlement, or that he or she has received that amount, as the case may be.

Penalty:

Fine not exceeding 200 penalty units.

      (2) A person who has made an application for compensation under this Act must, within 20 business days after receiving, in relation to an asbestos-related disease, a lump sum by way of compensation under –

(a) an enactment of a place other than this State; or

(b) the Workers Rehabilitation and Compensation Act 1988; or

(c) the Workers' Compensation Act 1927 –

notify the Commissioner in writing that he or she has received that compensation.

Penalty:

Fine not exceeding 200 penalty units.

106. Certain actions not to commence until application for compensation determined

      (1) This section applies to –

(a) an action for damages, by a person who has a compensable disease, in relation to the contraction by the person, in the course of employment as a worker in connection with this State, of an asbestos-related disease; and

(b) an action for damages, by a member of the family of a person who has a compensable disease, in relation to the contraction, in the course of employment as a worker in connection with this State, of an asbestos-related disease by the person who has a compensable disease.

      (2) An action for damages to which this section applies in relation to an asbestos-related disease must not be commenced after the commencement day unless –

(a) the person commencing the action has made an application for compensation in relation to the disease; and

(b) a determination in relation to the application for compensation has been made under section 70.

      (3) If an action for damages to which this section applies is, in contravention of subsection (2), commenced by a person after the commencement day, any relevant judgment or settlement made in relation to the action is void.

      (4) If –

(a) a person has made an application for compensation in relation to the contraction by a person of an asbestos-related disease in the course of employment as a worker; and

(b) before that application for compensation was made, the operation of an enactment relating to the limitation of actions did not prevent the taking by that person of an action for damages to which this section applies; and

(c) an action for damages to which this section applies is, within 10 business days after the making of a determination under section 70 in relation to the application for compensation, commenced by the person, or another person, in relation to the contraction of the asbestos-related disease referred to in paragraph (a) –

the enactment relating to the limitation of actions does not prevent the taking of the action for damages.

107. No entitlement to compensation if certain settlements, &c., made before commencement day

      (1) If, before the commencement day, a relevant judgment or settlement is given or made in respect of a person who has a compensable disease, or a member of the family of such a person –

(a) the person who has a compensable disease; and

(b) any member of the family of the person who has the disease –

are not entitled to compensation under this Act, or expenses under Part 11, in relation to the disease.

      (2) Subsection (1) does not apply in relation to a relevant judgment or settlement that is given or made in respect of –

(a) a person who has a compensable disease; or

(b) a member of the family of such a person –

if it is established that the person or persons entitled to the amount of the relevant judgment or settlement are unlikely to receive all of the amount of the relevant judgment or settlement.

      (3) Nothing in section 110 or 111 is to be taken to affect the application of this section.



CURRENT VIEW: 31 Oct 2011 -
VIEW THE SESSIONAL VERSION