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s 101

Payment of compensation to Public Trustee

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Part 9Persons to Whom Compensation to be Paid

101 Payment of compensation to Public Trustee

If a person to whom money is payable under section 100 is under a legal disability, the Commissioner must determine to whom the money payable to that person is to be paid.

If the Commissioner has reasonable doubts about the nature of the dependency between the person under a legal disability and the legal guardian of that person, the Commissioner may determine that the money payable to the person under a legal disability is to be paid to the Public Trustee.

The Public Trustee – must invest, apply or otherwise deal with the money paid to the Public Trustee under subsection (1) for the benefit of the person entitled to the money, in the manner, if any, and subject to the conditions, if any, that are prescribed; and must cause the income from any money so invested to be paid to, or for the benefit of, that person.

If an amount of money payable as a lump sum under this Act to a person who is a member of the family of a person who has an asbestos-related disease cannot be paid to the first-mentioned person because his or her whereabouts are unknown, the Commissioner may determine that the money payable to the person is to be paid to the Public Trustee.

The Public Trustee – must invest, apply or otherwise deal with the money paid to the Public Trustee under subsection (4) for the benefit of the person entitled to the money, in the manner, if any, and subject to the conditions, if any, that are prescribed; and must cause the income from any money so invested to be paid to, or for the benefit of, that person, as soon as the Public Trustee is able to do so.

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