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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

PART 11 - Medical, Funeral, Travel, &c., Expenses

116. Interpretation of Part 11

In this Part, unless the contrary intention appears –

ambulance services means the conveyance of a person by any practicable means to –

(a) the nearest suitable hospital or rehabilitation centre or other place for the purpose of receiving medical, hospital or rehabilitation services; or

(b) his or her place of residence after receiving or seeking any of those services;

compensable person means a person –

(a) who has a compensable disease; and

(b) in relation to whom a determination has been made under section 70(1)(a) that the person is entitled to compensation under this Act;

compensable services means –

(a) medical services, hospital services, nursing services or ambulance services; or

(b) constant attendance services; or

(c) rehabilitation services;

constant attendance services means the services of a person (other than a member of the family of the person who has a compensable disease) by way of regular or constant personal attendance on a person who has a compensable disease, if the medical condition of the person who has a compensable disease is such that the person must have the regular or constant personal attendance of another person, but does not include hospital services or nursing services;
dentist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist;
hospital services means –

(a) maintenance, attendance, and treatment, at a public or private hospital; or

(b) the provision or supply by a public or private hospital of –

(i) medical attendance or medical treatment; or

(ii) nursing attendance; or

(iii) medicines, medical or surgical supplies, or other curative appliances or apparatus; or

(iv) other usual or necessary hospital services;

medical services means any of the following services required by a person because the person has an asbestos-related disease:

(a) attendance, examination, or treatment of any kind, by, or under the supervision of, a medical practitioner, dentist, physiotherapist or psychologist;

(b) the provision, maintenance, repair, adjustment or replacement of any medical or surgical aids or curative appliances or apparatus;

(c) the provision by a pharmacist of medicines or materials;

(d) any examination, test, or analysis, that is carried out on, or in relation to, a person who has a compensable disease, at the request or direction of a medical practitioner, dentist, physiotherapist or psychologist;

(e) the provision of a report or certificate in respect of an examination, test, or analysis, that is referred to in paragraph (d);

nurse means a registered nurse or an enrolled nurse;
nursing services means nursing services rendered by a nurse otherwise than at a hospital or as a member of the nursing staff of a hospital;
pharmacist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession;
physiotherapist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the physiotherapy profession;
psychologist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession;
rehabilitation services means –

(a) treatment, training, or other assistance, provided to facilitate or assist a person's rehabilitation; or

(b) the supply of material or equipment in respect of any occupational therapy projects undertaken by a person; or

(c) any necessary and reasonable modifications required to be made to a person's workplace, place of residence or motor vehicle –

and includes workplace rehabilitation services;
workplace rehabilitation services has the same meaning as it has in the Workers Rehabilitation and Compensation Act 1988.

117. Funeral expenses payable

If a compensable person has died after the commencement day or within 12 months before that day, the reasonable expenses, not being more than the amount prescribed by regulations, of the person's burial or cremation are payable by the Commissioner.

118. Medical, &c., expenses payable for imminently fatal disease

      (1) The reasonable expenses, necessarily incurred by a compensable person after the Commissioner has made a determination under this Act that the person has an imminently fatal asbestos-related disease, for compensable services that are –

(a) provided to the person after the determination by the Commissioner; and

(b) required by the person as a result of the person having an asbestos-related disease –

are payable by the Commissioner up to a total amount of 125 expenses units in respect of all such expenses paid by the Commissioner in relation to the person.

      (2) Subsection (3) applies in relation to expenses if –

(a) the expenses are incurred by a compensable person for compensable services after the Commissioner has made a determination under this Act that the person has an imminently fatal asbestos-related disease; and

(b) were the expenses to be added to the total of all such expenses, incurred after the determination was made, that have been paid by the Commissioner in relation to the person, the amount would be more than 125 expenses units.

      (3) If this subsection applies in relation to expenses, the Commissioner –

(a) must review the case of the compensable person to whom the expenses relate; and

(b) may, in his or her discretion, pay the expenses or refuse to pay the expense and any further such expenses.

      (4) In this section, a reference to a number of expenses units is a reference to the amount obtained by multiplying the basic salary by that number.

119. Medical, &c., expenses payable if non-imminently fatal disease

The reasonable expenses that are –

(a) for compensable services; and

(b) necessarily incurred by a compensable person after the person's application for compensation has been determined under section 70(1)(a) and before the Commissioner has made, if at all, a determination under this Act that the person has an imminently fatal asbestos-related disease; and

(c) required by the person as a result of the person having an asbestos-related disease –

are payable by the Commissioner.

120. Travelling expenses

      (1) The Commissioner is to pay the lesser of –

(a) the reasonable expenses necessarily incurred by a compensable person, after the commencement day, for travelling and maintenance in connection with all or any of the following purposes:

(i) to undergo any examination or test the compensable person is required to undergo by a medical professional, the Commissioner or the Tribunal;

(ii) to obtain the medical services, hospital services or rehabilitation services that the compensable person is entitled to have paid by the Commissioner under this Act; or

(b) the amount, if any, prescribed for the purposes of this paragraph.

      (2) In addition to paying the reasonable expenses incurred by a compensable person under subsection (1), if subsection (3) applies the Commissioner is liable to pay the reasonable expenses necessarily incurred by a person who attends the compensable person while the compensable person is travelling in connection with a purpose to which subsection (1) applies.

      (3) This subsection applies in relation to a person attending a compensable person if a medical practitioner certifies, in writing, that it is necessary in the circumstances that the compensable person be accompanied by some other person while the compensable person is travelling for a purpose specified in subsection (1).

      (4) If the reasonable expenses necessarily incurred –

(a) by a person for travelling and maintenance in connection with all or any of the purposes specified in subsection (1); or

(b) by a person who attends a person who has a compensable disease while the person who has a compensable disease is travelling in connection with such a purpose –

involve the use of a private motor vehicle, the amount payable under subsection (2) for the use of that motor vehicle is to be calculated at the State Service rate.

      (5) For the purposes of subsection (4), the State Service rate is the rate payable to an occasional user of a private motor vehicle under the Tasmanian State Service Award or any industrial award, agreement or determination that replaces that award.

121. How claim for payment of expenses may be made

      (1) A compensable person, a member of the family of a compensable person, or the legal personal representative of a compensable person or of a member of the family of a compensable person, may lodge with the Commissioner a claim for the payment of expenses that the Commissioner is liable to pay under this Part.

      (2) A claim under subsection (1) is to be made in the approved form and lodged with the Commissioner.

      (3) If a claim under subsection (1) by a person in relation to expenses that the person has not paid is not lodged with the Commissioner within 10 business days after the person has received the account for the services, the Commissioner is not liable to pay any fees incurred for late payment of the account.

122. Determination of claims for payment of expenses

      (1) Within 10 business days of receiving a claim under section 121(1) for expenses, the Commissioner –

(a) must, under section 123, if the expenses have not been paid, pay the expenses or, if the expenses have been paid by a person, reimburse to the person the amount of the expenses; or

(b) must –

(i) serve the person who lodged the claim with notice in writing disputing the claim; and

(ii) if the expense has not been paid, notify in writing the person who provided the compensable service, if any, to which the claim relates that liability for the expenses is disputed and outline the reasons for disputing the liability; and

(iii) if the refusal of the Commissioner to pay the expenses relates to a medical question, refer the matter to a medical panel.

      (2) A notice under subsection (1)(b) to a person who lodged a claim for expenses is to –

(a) state that the Commissioner disputes liability to pay the expenses; and

(b) state the reasons why the Commissioner disputes liability to pay the expenses; and

(c) attach or identify the medical or other evidence that the Commissioner relies on for disputing liability to pay the expenses; and

(d) if the refusal of the Commissioner to pay the expenses relates to a medical question, advise the person that the matter has been referred to a medical panel.

      (3) A notice under subsection (1)(b) to a person who lodged a claim for expenses is also to state whether the Commissioner disputes –

(a) only the expenses to which the claim for expenses relates; or

(b) all –

(i) expenses of a specified kind; or

(ii) expenses incurred with a particular person who supplies medical, hospital, nursing, constant attendance, rehabilitation or ambulance services; or

(iii) travelling and maintenance expenses related to the provision of medical, hospital, nursing, constant attendance, rehabilitation or ambulance services; or

(c) liability to pay expenses of any kind whatsoever claimed by the person under this Part.

      (4) If the Commissioner has served on a person a notice for the purposes of subsection (1)(b) disputing expenses of a kind referred to in subsection (3)(b), the Commissioner is not required to comply with this section in respect of any other claim subsequently received from the person –

(a) for payment of an expense of the same kind; or

(b) incurred with the same particular person, referred to in the notice, who provides the service to which the expenses relate –

until a relevant determination is made in relation to the expenses.

      (5) For the purposes of subsection (4), a relevant determination in relation to the expenses is –

(a) a determination by the Tribunal that the Commissioner is liable to pay the expenses; or

(b) a determination by a medical panel that in the opinion of the medical panel the expenses are reasonable, necessarily incurred and required by the person as a result of the person having an asbestos-related disease.

      (6) If the Commissioner has served on a person a notice for the purposes of subsection (1)(b) disputing expenses of a kind referred to in subsection (3)(c), the Commissioner is not required to comply with this section in respect of any other claim subsequently received from the person until –

(a) the Tribunal has determined that the Commissioner is liable to pay the expenses to which the notice relates; or

(b) a medical panel has advised the Commissioner that in the opinion of the medical panel the expenses are reasonable, necessarily incurred and required by the person as a result of the person having an asbestos-related disease.

      (7) If the Commissioner fails to serve on a person a notice for the purposes of subsection (1)(b) as required by this section, the Commissioner is to be taken to have accepted liability to pay the expenses to which the notice relates.

123. Persons to whom expenses under this Part are to be paid

      (1) In this section –

relevant person means –

(a) a compensable person; or

(b) if a compensable person is deceased, his or her legal personal representatives; or

(c) a member of the family of a compensable person; or

(d) if a member of the family of a compensable person is deceased, his or her legal personal representatives;

relevant reason means by reason of any contract, agreement, or arrangement, made by a relevant person or by reason of such a person being a contributor or subscriber to any institution, fund or scheme.

      (2) If the Commissioner is required under section 117, 118 or 119 to pay expenses for a compensable service or for the burial or cremation of a person, the Commissioner is, to the extent provided in this section, to pay those expenses to the person or body of persons who performed the service or carried out the burial or cremation.

      (3) Despite subsection (2), if another person has paid in whole or in part for the compensable service or the expenses of the burial or cremation of a compensable person, the Commissioner, to the extent provided by this section, is to reimburse, to the person who paid the amount, the amount paid.

      (4) If a relevant person is entitled, for a relevant reason, to any compensable services or to the person's burial or cremation free of charge or at a reduced rate of charge –

(a) the amount that the Commissioner is liable to pay in respect of the expenses of that service, burial or cremation is not thereby reduced; and

(b) after payment of the amount (if any) actually owing to the person or body of persons who provided the service or performed the burial or cremation, the Commissioner is to pay the balance of the expenses, to the extent provided by this section, as the case requires, to a relevant person.

      (5) The payment of the reasonable expenses of any service, repair or replacement, or burial or cremation expenses under this section, including upon the determination of the Tribunal, discharges from liability in respect of the expenses of that service, repair or replacement, or burial or cremation –

(a) the compensable person and his or her legal personal representatives; and

(b) the members of his or her family; and

(c) every other person.

      (6) No action, claim or demand may be brought or allowed by or in favour of any person against a relevant person for the payment or recovery of the relevant expenses.

      (7) For the purposes of subsection (6), the relevant expenses are –

(a) any expenses that the Commissioner is liable to pay under subsection (2); or

(b) the difference between –

(i) the amount charged by a medical practitioner, in relation to medical treatment provided to or carried out on a compensable person for any matter in respect of which the Commissioner is liable to pay such expenses; and

(ii) the amount of the fee referred to in section 177(a) or (b) in respect of that treatment.



CURRENT VIEW: 31 Oct 2011 - 1 Jul 2013
VIEW THE SESSIONAL VERSION