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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 6 - Determination of Applications for Compensation

69. Application for compensation to be determined after determination of medical panel

      (1) The Commissioner is to determine under section 70(1) an application for compensation after receiving from a medical panel a determination of the medical questions referred to the medical panel under section 47 in relation to the application for compensation.

      (2) The Commissioner is to determine under section 70(1) an application for compensation as soon as practicable, but in any case not more than 5 business days, after receiving from a medical panel the determination of the medical questions in relation to the application for compensation.

      (3) Subsections (1) and (2) do not apply in relation to an application for compensation if the Commissioner has, in accordance with section 47(5), not referred to a medical panel the medical questions in relation to the application.

70. Commissioner to determine applications for compensation

      (1) The Commissioner must determine an application for compensation by a person who has a compensable disease by –

(a) determining that the person is entitled to compensation under this Act; or

(b) determining that the person is not entitled to compensation under this Act.

      (2) If the Commissioner determines under subsection (1)(a) that a person who has a compensable disease is entitled to compensation under this Act, the determination must include a determination as to whether the person has –

(a) an imminently fatal asbestos-related disease; or

(b) a non-imminently fatal asbestos-related disease.

      (3) If the Commissioner determines under subsection (1)(a) that a person who has a compensable disease is entitled to compensation under this Act, the determination must include –

(a) a determination as to the amount of compensation by way of lump sum to which the person is entitled in accordance with section 72 or 73; and

(b) a determination in accordance with Division 3 of Part 7 as to whether the person is entitled to weekly payments and the amount of any such payments.

      (4) The Commissioner must determine an application for compensation by a member, or members, of a family of a person who has a compensable disease by –

(a) determining that a member, or members, of the family are entitled to compensation under this Act; or

(b) determining that no members of the family are entitled to compensation under this Act.

      (5) If the Commissioner determines under subsection (4)(a) that a member, or members, of the family of a person who has a compensable disease are entitled to compensation under this Act, the determination is to include a determination as to –

(a) the amount of compensation by way of lump sum to which the member, or members, of the family are entitled in accordance with this Act; and

(b) the proportions in which the amount is to be divided, if at all, between those members of the family.

      (6) As soon as practicable after making a determination under subsection (1) or (4) in relation to an application for compensation, the Commissioner must give, to the person who made the application, notice of the making of the determination.

      (7) A notice, given to a person by the Commissioner under subsection (6), of a determination by the Commissioner that determines that any person who made the application is not entitled to compensation under this Act must set out the grounds on which the determination was made that the person is not entitled to compensation.

71. Commissioner bound by medical panel's determination of medical questions

      (1) If a medical panel has determined a medical question in relation to a person who has a compensable disease, the Commissioner is to treat the determination of the medical question as conclusive evidence of the medical question.

      (2) Without limiting the generality of subsection (1), if a medical panel has determined that –

(a) a person has an imminently fatal asbestos-related disease; or

(b) a person has a non-imminently fatal asbestos-related disease –

the Commissioner, in determining under section 70 an application for compensation relating to the person, must include in that determination, in accordance with section 70(2), a corresponding determination.

      (3) Despite subsections (1) and (2), if a medical panel –

(a) makes a determination that a person has a non-imminently fatal asbestos-related disease; and

(b) then makes a subsequent determination that the person has an imminently fatal asbestos-related disease –

subsections (1) and (2) only apply in relation to the subsequent determination.

      (4) Despite subsections (1) and (2), if a medical panel –

(a) makes a determination in relation to a medical question in respect of a person; and

(b) then makes a subsequent determination in relation to the medical question in respect of the person –

subsections (1) and (2) only apply in relation to the subsequent determination.

CURRENT VIEW: 31 Oct 2011 -
VIEW THE SESSIONAL VERSION