Tasmania: Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (Tas)

Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 An Act to establish a scheme for the payment of compensation, and certain expenses, related to the contraction by workers of asbestos-related disease in the course of their employment, and for related purposes [Royal Assent 4 October 2011] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Objects of Act The objects of this Act are to – (a) ensure the provision of fair and appropriate compensation, and the payment of certain expenses, in relation to the contraction by persons of asbestos-related diseases in the course of employment as workers in connection with this State; and (b) provide for the prompt and effective resolution of applications under this Act for compensation or for the payment of certain expenses; and (c) provide an effective and economical mechanism for resolving disputes relating to applications under this Act for compensation or for the payment of certain expenses; and (d) make provision in relation to certain judgments and agreements relating to the contraction by persons of asbestos-related diseases in the course of employment as workers. 4. Application of Act to Crown (1) This Act binds the Crown, not only in right of Tasmania but also, so far as the legislative power of Parliament permits, in all its other capacities. (2) Accordingly, this Act applies in respect of a worker employed by or on behalf of the Crown. (3) For the purposes of this Act, a police officer is to be taken to be employed by the Crown. PART 2 - Interpretative Provisions Division 1 - General 5. Interpretation (1) In this Act, unless the contrary intention appears – accredited impairment assessor means a person who is an accredited medical practitioner under the Workers Rehabilitation and Compensation Act 1988 and who is authorised by his or her accreditation under that Act to perform impairment assessments; AMA Guides has the same meaning as it has in the Workers Rehabilitation and Compensation Act 1988 ; application for compensation means an application made under section 33(1) or (4) ; approved means approved in writing by the Commissioner; asbestos-related disease, in relation to a person, means a medical condition that is attributable to the person having been exposed to asbestos; basic salary means – (a) during the year beginning 1 January 2011, $696.85; and (b) during any subsequent year beginning 1 January, the basic salary for the previous year as varied by the relevant percentage; commencement day means the day on which section 29 comes into force; Commissioner means the Asbestos Compensation Commissioner appointed under section 153 ; compensation means compensation referred to in Part 7 or 8 ; compensation units – see subsection (2) ; contractor means a person who enters into a contract for the provision of services by the person otherwise than as a worker; degree of impairment, in relation to a person, means the impairment of the person because of one or more asbestos-related diseases, assessed at a percentage of the whole person; domestic workers compensation insurance policy means a policy of insurance that indemnifies the policyholder for liabilities under the Workers Rehabilitation and Compensation Act 1988 , or independently of that Act, in respect of domestic workers; employer means the person with whom a worker has entered into a contract of service or a training contract and includes – (a) the Crown; and (b) the employer of any person who is a member of a class of persons who are to be taken to be workers for the purposes of this Act; Fund means the Asbestos Compensation Fund established under section 162(1) ; insurer means a body corporate authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business; levy means the levy from time to time determined under section 166(1) ; licensed insurer means an insurer who holds a licence that is in force under Division 2 of Part IX of the Workers Rehabilitation and Compensation Act 1988 ; medical evidence includes, but is not limited to including, X-rays, pathology results, lung function test results, spirometry test results and histopathological test results; medical panel, in relation to a medical question, means the medical panel established, by the selection of members of the panel under section 51(1) , to determine the question; medical practitioner register means the register established under section 50 ; medical professional means – (a) a medical panel; or (b) a member of a medical panel; or (c) an accredited impairment assessor to whom a medical question is referred under section 45 ; or (d) a medical practitioner to whom a medical question is referred under this Act; medical question – see section 8 ; medical specialist, in relation to an asbestos-related disease, means a medical practitioner who specialises in such diseases or the field of medicine in relation to diseases of the part of the body in which the asbestos-related disease occurs; member of the family, in relation to a person, means – (a) a spouse of the person; or (b) a person who has not attained the age of 22 years and who is – (i) a natural child of the person; or (ii) a child who has been adopted by the person; or (iii) a stepchild of the person who is a member of the family for the purposes of this Act by virtue of section 99(2) ; member of the Tribunal means a member of the Tribunal under section 11 of the Tasmanian Civil and Administrative Tribunal Act 2020 ; party, in relation to a proceeding before the Tribunal, means – (a) the Commissioner; and (b) any person, other than the Commissioner, who has referred to the Tribunal the matter to which the proceeding relates; and (c) any person joined as a party in relation to the proceeding by virtue of section 127(4) or section 128(3) ; person who has a compensable disease – see section 6 ; policyholder means a person who is required under the Workers Rehabilitation and Compensation Act 1988 to maintain for the purposes of that Act a policy of insurance other than a domestic workers compensation insurance policy; Registrar has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 ; relevant employment period – see section 7 ; relevant percentage, in respect of any year beginning 1 January, means the percentage difference in the average weekly ordinary full-time earnings of adults in Tasmania in the period between the May immediately before the start of that year and the immediately preceding May, as evidenced by statistics published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth; self-insurer means a person who is a self-insurer for the purposes of the Workers Rehabilitation and Compensation Act 1988 ; spouse means – (a) in relation to a person who is living – (i) a person to whom the person is married; and (ii) if the person (whether or not he or she is married to a person) is in a significant relationship, within the meaning of the Relationships Act 2003 , with another person – that other person; or (b) in relation to a person who is deceased – (i) the person to whom the deceased person was married immediately before the death of the deceased person; and (ii) if the deceased person (whether or not he or she was, at the time of his or her death, married to a person) was, immediately before his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 , with another person – that other person; State includes a Territory; training contract has the same meaning as in the Training and Workforce Development Act 2013 ; Tribunal means the Tasmanian Civil and Administrative Tribunal; weekly payment, in relation to a person, means the weekly payment calculated in accordance with Division 3 of Part 7 ; worker means – (a) a worker within the meaning of section 12 ; and (b) any person taken to be a worker for the purposes of this Act. (2) A reference in this Act to a number of compensation units is a reference to the amount obtained by multiplying the basic salary by that number. (3) For the purposes of this Act, the exercise and performance of the powers and duties of a local or other public authority is to be taken to be the carrying on by the authority of a trade or business. 6. When person has "compensable disease" (1) For the purposes of this Act, a person has a compensable disease if – (a) the person has an asbestos-related disease; and (b) the contraction by the person of the disease is reasonably attributable to exposure to asbestos in the course of the person's employment as a worker during a relevant employment period in which the person's employment is connected with this State. (2) A reference in this Act to a person who has a compensable disease includes a reference to a person who is deceased and who had, immediately before he or she died, a compensable disease. 7. Meaning of "relevant employment period" (1) In this Act, a reference to a relevant employment period in respect of a person is a reference to a continuous period of employment of that person as a worker by an employer of that person – (a) beginning on the day on which the person is employed by that employer as a worker; and (b) ending on the day on which the person ceases to be employed as a worker by that employer. (2) Despite subsection (1) , if – (a) the relevant employment period in respect of a person, as determined in accordance with that subsection, includes – (i) a period when the person is in another State for the purposes of that employment; and (ii) a period when the person is in this State for the purposes of that employment for a continuous period of more than 6 months; and (b) the person is, in the course of that employment, exposed in this State to asbestos during the period referred to in paragraph (a)(ii) – a reference, in relation to that person, to a relevant employment period in respect of that employment is a reference to the period referred to in paragraph (a)(ii) . (3) Subsection (4) applies to a person in respect of a relevant employment period if – (a) the person is employed by an employer; and (b) the employer sells, transfers, or restructures, the business in respect of which the person is employed; and (c) the person becomes, immediately after the sale, transfer or restructure of the business, an employee of the person to whom the business is sold or transferred or who becomes the employer in respect of the business as restructured. (4) If this subsection applies to a person, the person is to be taken to be, for the purposes of this section, continuously employed as a worker by the employer referred to in subsection (3)(a) for the period – (a) beginning on the day on which the person is employed as a worker by the employer referred to in subsection (3)(a) ; and (b) ending on the day on which the person ceases to be employed as a worker by the employer referred to in subsection (3)(c) . (5) For the purposes of this section, if a person works for an employer on a casual or irregular basis as a worker, each period – (a) beginning on the first day, of a period determined in accordance with this subsection, on which the person performs work as a worker in the course of employment by that employer; and (b) ending on the day on which that period of employment as a worker on a casual or irregular basis ends – is to be taken to be a continuous period of employment of the worker by the employer. (6) For the purposes of subsection (5) , a period of employment as a worker on a casual or irregular basis ends on the last day on which the person performs work in that employment before the beginning of a continuous period of 3 months in which the worker does not perform on any day work as a worker in the employment of that employer. 8. Meaning of "medical question" For the purposes of this Act, a medical question in relation to a person means any of the following questions: (a) whether the person has an asbestos-related disease; (b) if the contraction by the person of an asbestos-related disease is reasonably attributable to exposure to asbestos in the course of the person's employment as a worker; (c) if the person has an asbestos-related disease – (i) whether or not the person is reasonably likely to die within 2 years from the date on which the question is determined; and (ii) if the person is reasonably likely to die within 2 years from the date on which the question is determined, whether the disease is reasonably likely to be a significant factor contributing to the person's death; (d) the degree of impairment or incapacity of the person; (e) if the person has or had an asbestos-related disease, whether the person may recover from the disease or has so recovered; (f) any other question, related to the health of the person, that is relevant to an application for compensation, a claim for expenses under this Act, or an application under section 74 , 76 or 79 , that relates to the person. 9. References to certificates as to "imminently fatal" and "non-imminently fatal" diseases (1) A reference in this Act to a medical certificate certifying that a person has a non-imminently fatal asbestos-related disease means a certificate, given by a medical specialist, certifying that the medical specialist has examined the person and is of the opinion – (a) that the person has an asbestos-related disease; and (b) that – (i) the person is not reasonably likely to die within 2 years from the date on which the certificate is given; or (ii) if the medical specialist is of the opinion that the person is reasonably likely to die within 2 years from the date on which the certificate is given, the asbestos-related disease is not reasonably likely to be a significant factor contributing to the person's death. (2) A reference in this Act to a medical certificate certifying that a person has an imminently fatal asbestos-related disease means a certificate, given by a medical specialist, certifying that the medical specialist has examined the person and is of the opinion that – (a) the person has an asbestos-related disease; and (b) the person is reasonably likely to die within 2 years from the date on which the certificate is given; and (c) the disease is reasonably likely to be a significant factor contributing to the person's death. 10. References to application for compensation relating to person who has compensable disease In this Act, a reference to an application for compensation in relation to a person who has a compensable disease is a reference to an application for compensation made by – (a) the person who has a compensable disease or who claims in the application to have a compensable disease; or (b) a member of the family of – (i) a person who has a compensable disease; or (ii) a person who, it is claimed in the application, has a compensable disease. 11. Meaning of "evidence of a person's occupational history" (1) In this section – relevant exposure period, in relation to a person, means a period, during a relevant employment period, in which it is reasonably likely that the person was exposed to asbestos in the course of employment as a worker. (2) For the purposes of this Act, evidence of a person's occupational history means evidence of any of the following: (a) the employment of the person in a workplace during a relevant employment period in which a relevant exposure period occurred; (b) a relevant exposure period; (c) the employment of the person in a workplace during a relevant exposure period; (d) the type of work performed by the person at the workplace during a relevant exposure period; (e) the product name of the asbestos to which it is alleged the person may have been exposed during a relevant exposure period. (3) Without limiting the evidence that may be provided in respect of a person's occupational history, the following are evidence of a person's occupational history: (a) pay slips, group certificates, or other documents, evidencing employment of the person during a relevant employment period and a relevant exposure period; (b) statements of witnesses in relation to – (i) employment, as a worker, of the person at a workplace during a relevant employment period or a relevant exposure period; or (ii) the possible exposure of the person to asbestos at that workplace while so employed during a relevant exposure period; (c) evidence of the person being a member of a trade union during a relevant exposure period, or holding a licence, qualification or other authority to engage in a trade or occupation during a relevant exposure period; (d) statutory declarations or affidavits, sworn by the person, or another person, as to employment by the first-mentioned person in an occupation during a relevant exposure period. Division 2 - When persons are, or are not, workers 12. When person is a worker (1) For the purposes of this Act, a person is a worker if the person is engaged or works under a contract of service or training contract with an employer. (2) Subsection (1) applies in relation to a contract of service whether the contract is or was express or implied, oral or in writing. (3) Subsection (1) applies in relation to manual labour, clerical work or otherwise. 13. Certain contractors and salespeople, &c., to be taken to be workers (1) A contractor who – (a) performs work under a contract made with another person; and (b) does not sublet the contract or employ any worker to perform the work; and (c) does not hold his or her own personal accident insurance during the period in which the work is performed – is to be taken to be, for the purposes of this Act, a worker in the employment of the person while performing the work. (2) Subsection (1) does not apply in relation to a contract in relation to work that is incidental to a trade or business regularly carried on by the contractor in the contractor's own name or under a business or firm name. (3) A salesperson, canvasser, collector, or other person, who is paid wholly or partly by commission is to be taken to be, for the purposes of this Act, while engaged in activities to which the payment relates, a worker in the employment of the person by whom the commission is payable. (4) Subsection (3) does not apply to a person paid wholly or partly by commission if the commission is received for or in connection with work incidental to a trade or business regularly carried on by the salesperson, canvasser, collector or other person or by a firm of which he or she is a member. 14. Taxi drivers and luxury hire car drivers to be taken to be workers (1) A person who drives a vehicle as a luxury hire car with the consent or authority of a person who holds a licence, or other authority, in this State to operate a luxury hire car is to be taken to be, for the purposes of this Act, a worker employed by the holder of the licence or other authority, while the person is driving the vehicle or performing any associated activity. (2) A person who drives a vehicle as a taxi is to be taken to be, for the purposes of this Act, a worker employed by the holder of a licence or other authority to operate the vehicle as a taxi, while the person is driving the taxi or performing any associated activity. (3) For the purposes of this section, a vehicle is operated as a luxury hire car or a taxi if it is a luxury hire car, or taxi, respectively, for the purposes of an enactment of this State as in force at the time the vehicle is so operated. (4) This section does not apply to a driver of a luxury hire car or taxi if the driver is also the holder of the licence or other authority. 15. Persons plying vehicles or vessels for hire to be taken to be workers A person who is engaged in plying for hire with a vehicle or vessel, the use of which is obtained from the owner of the vehicle or vessel under a contract of bailment (other than a hire-purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings of the vehicle or vessel, is to be taken to be, for the purposes of this Act, a worker employed by that owner while so engaged. 16. Jockeys to be taken to be workers (1) In this section – racing licence means a licence or other authority authorising a person to ride horses in races or official trials; relevant activity means training a horse, or engaging in associated activities, in preparation for riding a horse for fee or reward; Tasracing means Tasracing Pty Ltd formed under the Racing (Tasracing Pty Ltd) Act 2009 . (2) A jockey or apprentice is to be taken to be, for the purposes of this Act, a worker employed by Tasracing while performing a relevant activity during a period in which he or she holds a racing licence, if he or she was, at the beginning and end of that period – (a) engaged to ride a horse for fee or reward at a race meeting or official trial held in Tasmania; or (b) engaged to ride a thoroughbred horse in a training session in Tasmania conducted by a person authorised under a law of this State to train horses for racing. (3) For the purposes of determining any compensation payable to or in respect of a person to whom subsection (2) applies – (a) the person is to be taken to have been continuously employed by Tasracing for the period during which he or she has continuously held a racing licence; and (b) any earnings from riding engagements in another State during the 12 months immediately before the period of his or her application for compensation, or during the period for which he or she held a racing licence, are to be taken to be earnings received in the employment of Tasracing. (4) Despite any other provision of this Act, the normal weekly earnings of a person to whom subsection (2) applies are not to be more than 2 times the basic salary. 17. Ministers of religion to be taken to be workers A minister of religion is to be taken to be, for the purposes of this Act, a worker in relation to the carrying out of his or her activities on behalf of the church. 18. Persons may be prescribed to be workers A person who is a member of a class of persons that is prescribed for the purposes of this section is to be taken to be, for the purposes of this Act, a worker in relation to the carrying out of an activity prescribed for the purposes of this section. 19. Volunteers engaged in fire-fighting or fire prevention operations to be taken to be workers (1) In this section – fire-fighting operations includes – (a) any act that is necessary or expedient for or directed towards – (i) extinguishing a fire; or (ii) preventing the spread of a fire; or (iii) saving life or preventing injury to persons by a fire; or (iv) preventing property from being destroyed or damaged by fire; or (v) providing sustenance for persons performing any act referred to in subparagraph (i) , (ii) , (iii) or (iv) ; or (vi) taking action to prevent the outbreak of fire; and (b) the undergoing of training in relation to all or any acts specified in paragraph (a) ; fire-fighting person or body means – (a) the Secretary of the responsible Department in relation to the Fire Service Act 1979 ; or (b) the State Fire Commission within the meaning of that Act; or (c) any brigade within the meaning of that Act; fire prevention operations means any operations carried on, or any work or other acts done, for the purpose of preventing the outbreak of fire or abating the danger of fire, and includes the undergoing of training in relation to any of those operations or acts or that work. (2) A person who, as a volunteer, engages in fire-fighting operations or fire prevention operations – (a) with the consent of; or (b) under the authority of; or (c) in cooperation with – a fire-fighting person or body is to be taken to be, for the purposes of this Act, a worker employed by the Crown while so engaged. (3) For the purposes of subsection (2) , a person engages in operations mentioned in that subsection as a volunteer only if the person engages in the operations otherwise than under a contract for services, a contract of service, or a training contract, with a fire-fighting person or body. (4) For the purposes of this section, any meeting, competition, or demonstration, related to the prevention, control or extinguishment of fires is to be taken to be training. 20. Volunteers engaged in providing ambulance services to be taken to be workers (1) In this section – ambulance provider means – (a) the Secretary of the responsible Department in relation to the Ambulance Service Act 1982 ; or (b) the Commissioner of Ambulance Services; or (c) any officer of the Ambulance Service; Commissioner of Ambulance Services means the Commissioner within the meaning of the Ambulance Service Act 1982 . (2) For the purposes of this section, ambulance services and "officer of the Ambulance Service" have the meanings assigned to those expressions respectively by section 3 of the Ambulance Service Act 1982 . (3) A person who, as a volunteer, engages in ambulance services – (a) with the consent of, under the authority of, or in cooperation with, an ambulance provider; or (b) in pursuance of an arrangement made with the person by the Commissioner of Ambulance Services in the exercise of the performance of that Commissioner's functions under the Ambulance Service Act 1982 – is to be taken to be, for the purposes of this Act, a worker employed by the Crown while so engaged. (4) For the purposes of subsection (3) , a person engages in ambulances services as a volunteer only if the person engages in the operations otherwise than under a contract for services, a contract of service, or a training contract, with – (a) the Secretary of the responsible Department in relation to the Ambulance Service Act 1982 ; or (b) the Commissioner of Ambulance Services. (5) References in this section to engaging in ambulance services are to be construed as including references to the undergoing of training or instruction in those services. 21. Police volunteers to be taken to be workers (1) In this section – police operations means – (a) marine search and rescue operations within the meaning of the Marine Search and Rescue Act 1971 ; and (b) operations required for the purpose of searching for or bringing to safety – (i) persons in danger in the State; or (ii) persons in need of assistance as a result of a casualty occurring in the State; or (iii) persons suffering from illness or injury in the State who require assistance that is not immediately available to them; and (c) operations required for the purpose of protecting property in the State. (2) A person who, as a volunteer, performs police operations with the consent of, under the authority of, or in cooperation with, the Secretary of the responsible Department in relation to the Police Service Act 2003 is to be taken to be, for the purposes of this Act, a worker employed by the Crown while so engaged. (3) For the purposes of subsection (2) , a person performs police operations as a volunteer only if the person performs the operations otherwise than under a contract for services, a contract of service, or a training contract, with the Secretary of the responsible Department in relation to the Police Service Act 2003 . 22. Prescribed classes of volunteers to be taken to be workers A person who is a member of a class of persons prescribed for the purposes of this section and who, as a volunteer, performs work, of a class prescribed for the purposes of this section, that is of benefit to the State is to be taken to be, for the purposes of this Act, a worker employed by the Crown while so performing the work. 23. Certain persons not to be taken to be workers A person is not to be taken, for the purposes of this Act, to be a worker while engaged in any of the following employment or programs: (a) employment as an outworker; (b) employment of a casual nature otherwise than for the purposes of the employer's trade or business; (c) employment as a member of a fishing boat who is remunerated wholly or mainly by a share in the profits of gross earnings in respect of that boat; (d) an approved program of work for unemployment payment under the Social Security Act 1991 of the Commonwealth. 24. Persons who are Commonwealth employees when relevant exposure to asbestos occurred not to be taken to be workers A person who is a worker by reason only of being a worker under a contract of service or training contract with the Commonwealth is not to be taken to be, for the purposes of this Act, a worker, other than for the purposes of section 84(3) . 25. Sportspeople not to be taken to be workers A person is not to be taken to be, for the purposes of this Act, a worker while he or she is, under a contract – (a) participating as a contestant in any sporting or athletic activity; or (b) engaged in training or preparing himself or herself with a view to participating as a contestant in any sporting or athletic activity; or (c) travelling in connection with participating as a contestant in any sporting or athletic activity – if, under the contract, he or she is not entitled to any remuneration other than remuneration for the doing of those things. Division 3 - When employment is connected with this State 26. When employment is "connected with this State" (1) A worker's employment is, in respect of a relevant employment period, connected with – (a) the State where the worker usually worked in the employment during that period; or (b) if no State, or no single State, is identified by paragraph (a) , the State where the worker was usually based for the purposes of the employment during that period; or (c) if no State, or no single State, is identified by paragraph (a) or (b) , the State where the employer's principal place of business in Australia was located during that period. (2) The fact that a worker is outside this Stateduring a relevant employment period does not prevent compensation being payable under this Act, if the employment is, during that period, connected with this State in accordance with this Division. (3) For a worker working on a ship, if no State, or no single State, is identified by subsection (1) , the worker's employment is, while working on the ship in a relevant employment period, connected with – (a) the State where the ship was registered during that period; or (b) if the ship is registered in more than one State during that period, the State where the ship last became registered during that period. (4) For the purposes of the calculation of the worker's connection with a State, if no State is identified for a worker by the application of subsections (1) and (3) , the worker's employment is connected with this State during a relevant employment period if – (a) it is reasonably likely that the person was exposed to asbestos in the course of the person's employment as a worker in this State; and (b) the worker is not entitled to compensation, in relation to an asbestos-related disease that the worker has, under a law of – (i) an external Territory; or (ii) a place outside Australia – relating to workers compensation or compensation for asbestos-related diseases. (5) In deciding whether a person usually worked in a State during a relevant employment period – (a) regard must be had to the history of the person's engagement in an occupation including, where applicable to that period, the person's occupational history during the relevant employment period; and (b) regard must be had to any part of that period during which the worker worked in a State, or was in a State, for the purposes of employment, whether or not the worker is regarded as working or employed in that State under a law relating to workers compensation or compensation for asbestos-related diseases; and (c) regard must not be had to any temporary arrangement under which the worker works in a State for a period of 6 months or less. (6) Compensation under this Act is not payable in relation to the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the worker's employment. 27. Determination of State of connection by Commissioner or Tribunal (1) If the question of whether this State is the State of connection arises in a proceeding before the Commissioner or the Tribunal in relation to an application for compensation, the Commissioner or Tribunal must determine the State of connection in accordance with section 26 . (2) Subsection (1) does not apply if there is a determination of the State of connection that is to be recognised under section 28 . (3) A person who makes an application for compensation, or the Crown, may refer to the Tribunal for determination the question of which State is the State of connection in relation to the person. (4) A referral may not be made under subsection (3) in relation to a relevant employment period if there is a determination of the State of connection that is to be recognised under section 28 in relation to that period. 28. Recognition of previous determinations of State of connection (1) This section applies, in respect of a relevant employment period, in relation to a person who has an asbestos-related disease if a determination of the State of connection in relation to the relevant employment period is made by any of the following courts or tribunals: (a) the Tribunal under section 27 ; (b) a court or tribunal of a State under a provision of a law of the State corresponding, in whole or in part, to section 27 ; (c) a court of this State or another State in the course of proceedings on a claim for damages in relation to the period. (2) The State determined, in relation to a relevant employment period, as mentioned in subsection (1) in relation to a person is to be recognised for the purposes of this Act as the State of connection in relation to the person for that relevant employment period. (3) This section does not prevent any appeal relating to a determination of a court or tribunal referred to in subsection (1) . (4) If a determination is changed on appeal to a court, the changed determination is to be recognised under this section. PART 3 - Entitlement to Compensation 29. Persons with compensable disease entitled to compensation (1) Subject to this Act, a person – (a) who has a compensable disease; and (b) in relation to whom there is a determination under this Act by the Commissioner or the Tribunal that the person has an imminently fatal asbestos-related disease – is entitled to compensation under this Act. (2) Subject to this Act, a person – (a) who has a compensable disease; and (b) in relation to whom – (i) there is a determination under this Act by the Commissioner or the Tribunal that the person has a non-imminently fatal asbestos-related disease; and (ii) there is no determination under this Act by the Commissioner or the Tribunal that the person has an imminently fatal asbestos-related disease – is entitled to compensation under this Act if the person's degree of impairment is 10% or more. (3) Subject to this Act, the fact that a person has received compensation in relation to an asbestos-related disease because he or she was entitled under subsection (2) to compensation in relation to the disease does not prevent the person being entitled to compensation in accordance with subsection (1) in respect of that asbestos-related disease or any other asbestos-related disease. 30. Entitlement to compensation when person contracts another compensable disease (1) A person who has received compensation under this Act in relation to an asbestos-related disease because he or she is entitled to it under section 29(1) is not entitled to further compensation under this Act in relation to a different asbestos-related disease. (2) A person who has received compensation under this Act in relation to an asbestos-related disease because he or she is entitled to it under section 29(2) is not entitled to further compensation under section 29(2) in relation to a different asbestos-related disease. (3) However, subsection (2) does not prevent a person making an application for compensation that relates to more than one asbestos-related disease. (4) Also, subsection (2) does not prevent a person receiving further compensation by way of – (a) a lump sum payable to him or her in accordance with section 75 or 77 wholly or partly because he or she has an asbestos-related disease that is different from the disease in relation to which he or she received compensation referred to in section 29(2) ; or (b) an increase in the amount of any weekly payments payable to him or her under this Act in accordance with section 80 because his or her degree of incapacity has increased wholly or partly because he or she has an asbestos-related disease that is different from the disease in relation to which he or she received compensation referred to in section 29(2) . 31. Members of family of person who has compensable disease entitled to compensation (1) A person is a relevant deceased person for the purposes of this section if – (a) he or she is a person who has a compensable disease; and (b) he or she dies; and (c) an asbestos-related disease was reasonably likely to be a significant factor contributing to his or her death or he or she had an imminently fatal asbestos-related disease. (2) Subject to this Act, a person is entitled to compensation under this Act if – (a) the person is – (i) a member of the family of a compensable person who is a relevant deceased person; and (ii) a person to whom all or part of any compensation payable under this Act may be provided in accordance with Schedule 1 as it applies in relation to the person who is a compensable person; and (b) the relevant deceased person died within 12 months before the commencement day. (3) Subject to this Act, a person is entitled to compensation under this Act if – (a) the person is – (i) a member of the family of acompensable person who is a relevant deceased person; and (ii) a person to whom all or part of any compensation payable under this Act may be provided in accordance with Schedule 1 as it applies in relation to the person who is a compensable person; and (b) the relevant deceased person dies after the commencement day. (4) A person is not entitled to compensation under this Act in respectof a relevant deceased person who died before 12 months before the commencement day. (5) A person who is a member of the family of a compensable person who is a relevant deceased person is not entitled to compensation under this Act in respect of the relevant deceased person if – (a) the Commissioner has made a determination under this Act that the relevant deceased person is entitled to an amount of compensation by way of a lump sum that is equivalent to the maximum amount of lump sum compensation in relation to the relevant deceased person; or (b) the Commissioner has made more than one determination under this Act that the relevant deceased person is entitled to an amount of compensation by way of a lump sum and the total of those lump sums is equivalent to the maximum amount of lump sum compensation in relation to the relevant deceased person. (6) For the purposes of subsection (5) , the maximum amount of lump sum compensation in relation to a relevant deceased person is – (a) 360 compensation units; and (b) the number of compensation units determined under whichever of section 72(2)(b) or section 72(4)(b) applied to the relevant deceased person. 32. Assumptions as to exposure as a worker (1) If a person who has an asbestos-related disease was employed as a worker for a period (whether or not the period was continuous) of at least 12 months during a relevant employment period in which the person's employment is connected with this State – (a) at a workplace at which, at the time of that employment, products containing asbestos were manufactured; and (b) in an occupation in which, it may reasonably be assumed, a person was likely to have been exposed to asbestos in the ordinary course of his or her duties as a worker in the occupation – the contraction of the disease by the person is to be taken to be reasonably attributable to exposure to asbestos in the course of that employment. (2) Subsection (1) applies in relation to a person whether or not the person was, or may have been, exposed to asbestos otherwise than in the course of his or her employment as a worker. (3) For the purposes of subsection (1) , a reference to a workplace at which products containing asbestos were manufactured includes, but is not limited to including, premises, owned or occupied by the manufacturer of the products, at which such products were manufactured, packed, stored or assembled. (4) For the purposes of subsection (1) , products containing asbestos are manufactured by a manufacturer ("the principal manufacturer") whether the products consist of – (a) an object, containing asbestos, that is manufactured by the principal manufacturer; or (b) an object, containing asbestos, that has been manufactured by another manufacturer but is made into, or forms part of, another object manufactured by the principal manufacturer. (5) Nothing in this section is to be taken to limit the circumstances in which the contraction of an asbestos-related disease may be taken to be reasonably attributable to exposure to asbestos in the course of employment. PART 4 - Applications for Compensation Division 1 - How applications to be made 33. Applications for compensation (1) A person who has a compensable disease may make an application for compensation under this Act by lodging with the Commissioner an application in the approved form. (2) An application for compensation by a person who has a compensable disease is to be accompanied by – (a) a relevant certificate in relation to the person; and (b) evidence of the occupational history of the person; and (c) other evidence that may be relevant to the determination of whether or not the person has or had an asbestos-related disease; and (d) other evidence in respect of the person's possible exposure to asbestos, whether or not during the course of the person's employment as a worker. (3) For the purposes of subsection (2)(a) , a relevant certificate in relation to a person is a medical certificate, from a medical specialist, certifying that – (a) the person has a non-imminently fatal asbestos-related disease; or (b) the person has an imminently fatal asbestos-related disease. (4) A member of the family of a person who has a compensable disease may make an application for compensation under this Act by lodging with the Commissioner an application in the approved form. (5) An application for compensation under subsection (4) in relation to a person who has a compensable disease is to be accompanied by – (a) evidence of the occupational history of the person; and (b) evidence that may be relevant to the determination of whether or not the person has or had an asbestos-related disease; and (c) evidence in respect of the person's possible exposure to asbestos, whether or not during the course of the person's employment as a worker; and (d) evidence that the person has died and of the date of the person's death; and (e) evidence, if any, that an asbestos-related disease was reasonably likely to have been a significant factor contributing to the death of the person. 34. Applications in relation to imminently fatal disease not required in certain circumstances (1) Subsection (2) applies to a person if – (a) the Commissioner has determined under section 70 an application for compensation made by the person and has made under that section a determination that the person has a non-imminently fatal asbestos-related disease; and (b) the Commissioner has subsequently received from a medical panel a determination under this Act that the person has an imminently fatal asbestos-related disease; and (c) the person is alive at the timethe Commissioner receives the determination referred to in paragraph (b) . (2) If this subsection applies to a person, the Commissioner, as soon as practicable after receiving from a medical panel the determination referred to in subsection (1)(b) , must make a determination under section 70 as if – (a) the person had made a further application for compensation under section 33(1) consisting of the application for compensation to which the determination by the Commissioner referred to in subsection (1)(a) relates; and (b) the Commissioner had referred the medical questions in respect of the person to a medical panel in accordance with section 47 ; and (c) the determination referred to in subsection (1)(b) formed part of a determination made by the medical panel of the medical questions in relation to the person that were referred by the Commissioner to the medical panel in accordance with section 47 . (3) A person who has a compensable disease and to whom a determination under section 70 that the person has a non-imminently fatal asbestos-related disease relates may provide to the Commissioner a medical certificate, given by a medical specialist, certifying that the person has an imminently fatal asbestos-related disease. (4) Subsection (5) applies to a person if – (a) the Commissioner has determined under section 70 an application for compensation made by the person and has made under that section a determination that the person has a non-imminently fatal asbestos-related disease; and (b) the Commissioner has subsequently received under subsection (3) a medical certificate from the person; and (c) the Commissioner receives the medical certificate referred to in paragraph (b) within 6months after the certificate is given; and (d) the person is alive at the time the Commissioner receives the medical certificate referred to in paragraph (b) . (5) If this subsection applies to a person – (a) the application for compensation by the person to which the determination by the Commissioner referred to in subsection (4)(a) relates is to be taken to be a fresh application for compensation made by the person under section 33(1) ; and (b) the medical certificate referred to in subsection (4)(b) is to be taken to be the certificate accompanying the application as required under section 33(2)(a) . 35. Application by family members to be made jointly (1) Except in accordance with the leave of the Tribunal, an application for compensation by a person who is a member of the family of a person who has a compensable disease is to be made jointly with all other members of the family amongst whom any compensation payable under this Act may be divided in accordance with Schedule 1 as it applies in relation to the person who has a compensable disease. (2) A person who is a member of the family of a person who has an asbestos-related disease may refer to the Tribunal the question as to whether an application for compensation may be made by the person even though the application is not made jointly with the other persons with whom, in accordance with subsection (1) , the application is required to be made. (3) The Tribunal may determine that an application for compensation may be made, by a person who is a member of the family of a person who has an asbestos-related disease, otherwise than jointly with the other persons with whom, in accordance with subsection (1) , the application is required to be made, if the Tribunal is satisfied that – (a) the other persons cannot be contacted or are unwilling to be joined to the application; or (b) for any other reason, it would be unjust to refuse to permit the application for compensation to be made other than jointly with the other persons. Division 2 - Time in which applications to be made 36. If diagnosis of imminently fatal asbestos-related disease occurs before commencement day (1) Subsection (3) applies to a person who has a compensable disease if, before the commencement day, a medical specialist has given to the person a medical certificate certifying that the person has an imminently fatal asbestos-related disease. (2) However, subsection (1) does not apply to a medical certificate if the diagnosis or prognosis included in the certificate is incorrect. (3) A person to whom this subsection applies may only make an application for compensation if the application is made within – (a) 12 months after the commencement day; or (b) a period, if any, determined by the Commissioner or the Tribunal under section 40 , that ends after the 12-month period. 37. If diagnosis of imminently fatal asbestos-related disease occurs after commencement day (1) Subsection (3) applies to a person if – (a) section 34(2) and section 36(3) do not apply to the person; and (b) on a day after the commencement day, a medical specialist has given to the person a medical certificate certifying that the person has an imminently fatal asbestos-related disease. (2) However, subsection (1) does not apply to a medical certificate if the diagnosis or prognosis included in the certificate is incorrect. (3) A person to whom this subsection applies may only make an application for compensation in respect of an asbestos-related disease if the application is made within – (a) 12 months after the day on which the certificate referred to in subsection (1) in respect of the disease is given to the person; or (b) a period, if any, determined by the Commissioner or the Tribunal under section 40 , that ends after the 12-month period. (4) If – (a) a person who has a compensable disease is given a medical certificate, certifying that the person has an imminently fatal asbestos-related disease, by a medical specialist who has correctly diagnosed that the person has an imminently fatal asbestos-related disease; and (b) the person is subsequently given another medical certificate, by that medical specialist or another medical specialist, certifying that the person has an imminently fatal asbestos-related disease – the reference in subsection (3) to the day on which a certificate is given to the person is to be taken to be a reference to the first day on which the person received the certificate referred to in paragraph (a) . 38. No time limitation where diagnosis of non-imminently fatal asbestos-related disease An application for compensation may be made at any time by a person who has a compensable disease, if sections 36 and 37 do not apply to the person. 39. If person who has compensable disease dies (1) An application for compensation relating to a person who has a compensable disease and who died within 12 months before the commencement day may only be made by a person who is entitled to compensation under section 31(2) if the application is made within – (a) 12 months after the commencement day; or (b) a period, if any, determined by the Commissioner or the Tribunal under section 40 , that ends after the 12-month period referred to in paragraph (a) . (2) An application for compensation relating to a person who has a compensable disease and who has died may only be made by a person who is entitled to compensation under section 31(3) if the application is made within – (a) 12 months after the death of the person who has a compensable disease; or (b) a period, if any, determined by the Commissioner or the Tribunal under section 40 , that ends after the 12-month period referred to in paragraph (a) . 40. Extension of time to make application for compensation (1) A person may apply to the Commissioner for a determination that an application for compensation may be made by the person within a period that ends after a 12-month period specified in this Division. (2) The Commissioner must permit an application for compensation to be made by a person at a period, determined by the Commissioner, that ends after a 12-month period specified in this Division, if – (a) the failure to make an application within that period was occasioned by mistake; or (b) the person was absent from the State during all of the 12-month period. (3) The Commissioner may permit an application to be made under this Act by a person at a period, determined by the Commissioner, that ends after a 12-month period specified in this Division, if the Commissioner is satisfied that there was a reasonable cause for the failure to make an application for compensation within the 12-month period. (4) In determining whether there is reasonable cause for the purposes of subsection (3) , the Commissioner is to have regard, amongst other things, to – (a) the difficulty that the person may have had in obtaining evidence sufficient to establish whether the person was eligible to make an application for compensation; and (b) whether the person has, within the 12-month period referred to in the relevant section of this Division, taken all reasonable steps to attempt to obtain evidence sufficient to establish whether the person was eligible to make an application for compensation. (5) A person who has applied for a determination of the Commissioner under this section and who is dissatisfied with the determination of the Commissioner may refer the matter to the Tribunal. (6) If a matter is referred to the Tribunal under subsection (5) , the Tribunal, if it is of the opinion that – (a) subsection (2) requires the Commissioner to permit an application for compensation to be made within a period; or (b) there was a reasonable cause for the failure to make an application for compensation, having regard, amongst other things, to the matters referred to in subsection (4) – may permit the application for compensation to be made within a period specified by the Tribunal. Division 3 - Initial consideration of applications 41. Commissioner may require further information to be provided by applicant (1) This section applies in relation to an application for compensation if the Commissioner is not satisfied that there is sufficient information available to the Commissioner to enable the Commissioner to determine the application under section 70 . (2) This section does not apply in relation to information as to the degree of impairment of a person who has an asbestos-related disease. (3) The Commissioner may, by notice to a person who has made an application for compensation to which this section applies – (a) request the person to provide to the Commissioner the further information specified in the notice; and (b) specify in the notice a date by which the information must be provided to the Commissioner; and (c) notify the person that – (i) the Commissioner may refuse to consider the application until the further information is provided to the Commissioner; and (ii) the Commissioner may reject the application if the further information is not provided to the Commissioner by the date specified in the notice in accordance with paragraph (b) . (4) A date specified in a notice for the purposes of subsection (3)(b) is not to be earlier than 40 business days after the day on which the notice is issued. (5) If the Commissioner has issued a notice under subsection (3) to a person requiring the person to provide further information to the Commissioner in relation to an application for compensation – (a) the Commissioner may refuse to consider the application until the further information is provided to the Commissioner; or (b) the Commissioner may reject the application if the information is not provided by the person by the date specified in the notice in accordance with subsection (3)(b) . (6) The rejection by the Commissioner under subsection (5)(b) of an application for compensation made by a person does not prevent a further application for compensation being made by the person. (7) Nothing in subsection (6) is to be taken to extend a period, specified in Division 2 , in which an application for compensation must be made. 42. Rejection of application The Commissioner may reject an application for compensation if he or she is satisfied that the application is frivolous or vexatious. 43. Rejection of application may be referred to Tribunal (1) A person whose application for compensation has been rejected by the Commissioner under section 41(5)(b) or section 42 may refer the matter to the Tribunal. (2) If the rejection of an application for compensation is referred to the Tribunal under subsection (1) , the Tribunal may – (a) determine that the Commissioner must not reject the application; or (b) refuse to make a determination under paragraph (a) . 44. Commissioner to refer assessment of degree of impairment to accredited impairment assessor (1) Subject to subsection (6) , this section applies to a person who has made an application for compensation if – (a) the person is a person who has a compensable disease; and (b) the Commissioner has not determined the application under section 70 ; and (c) the application is not accompanied by a medical certificate from a medical specialist certifying that the person has an imminently fatal asbestos-related disease; and (d) the Commissioner has not rejected, or does not intend to reject, the application under section 41(5)(b) or section 42 . (2) If this section applies to a person who has made an application for compensation, the Commissioner must, before referring the application to a medical panel under section 47 , refer under section 45 the medical question as to the degree of impairment of the person to an accredited impairment assessor for determination. (3) The Commissioner is to refer the medical question in accordance with subsection (2) within 5 business days after the application for compensation is made by the person to whom the medical question relates. (4) If theCommissioner, under section 41(5)(a) , has refused to consider an application for compensation by a person to whom this section applies until further information is provided to the Commissioner – (a) subsection (3) does not apply to the medical question as to the degree of impairment of the person; and (b) the Commissioner is to refer the medical question in accordance with subsection (2) within 5 business days after the further information is received. (5) If this section applies to a person who has made an application for compensation, the Commissioner may only refer the application to a medical panel under section 47 if the Commissioner, under section 49 , also provides to the medical panel a determination under section 45(3) of an accredited impairment assessor to whom the medical question as to the degree of impairment of the person has been referred, to the effect that the person has a degree of impairment of 10% or more. (6) This section does not apply in relation to an application for compensation by a person who has a compensable disease if the Commissioner is of the opinion that there are or may be reasons, other than because the person does not have a degree of impairment of 10% or more, for determining under section 70 that the person is not entitled to compensation under this Act. PART 5 - Determination of Medical Questions Division 1 - Accredited impairment assessors 45. Referral to accredited impairment