Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

This subsection applies to a person in relation to an asbestos-related disease if the person – receives an amount of money in accordance with a relevant judgment or settlement in relation to the disease; and then makes an application for compensation in relation to the disease; and a determination, relating to the application for compensation, is made under section 70(1)(a) that the person is entitled to compensation by way of a lump sum in relation to the disease; and a determination, relating to the application for compensation, is made under section 70(2)(a) that the person has an imminently fatal asbestos-related disease.

If subsection (1) applies to a person in relation to a disease, then, despite Division 1 of Part 7, the person is only entitled under section 70(1)(a) to receive an amount of compensation by way of a lump sum in accordance with that Division if the amount received in accordance with the relevant judgment or settlement in relation to the disease is less than the amount that, but for subsection (3), would be payable to the person, in accordance with Division 1 of Part 7, in relation to the disease.

If subsection (1) applies to a person in relation to a disease, then, despite Division 1 of Part 7, the amount of compensation by way of a lump sum payable to the person under Division 1 of Part 7 is the relevant amount in relation to the person.

For the purposes of subsection (3), the relevant amount in relation to the person is the total of – 360 units; and the amount to which the person would have, but for this subsection, been entitled under section 72(2)(b) or section 72(4)(b), as the case may be – less the amount received in accordance with the relevant judgment or settlement in relation to the disease.