Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

A member of the family of a person who has a compensable disease may apply to the Tribunal if – compensation has been distributed in accordance with Schedule 1 in respect of the person who has a compensable disease; and the member of the family is aggrieved by the distribution of that compensation.

The Tribunal may determine a referral under section 127 and an application under subsection (1) at the same proceedings if – the referral and application relate to the same compensable person; and neither the referral, nor the application, had been determined by the Tribunal at the time when the other was received by the Tribunal.

If the Tribunal receives an application under subsection (1), the Tribunal may review the distribution of the compensation and – confirm that the distribution of the compensation in accordance with Schedule 1 is appropriate, or reasonable, in the circumstances; or if the Tribunal determines that the distribution of the compensation in accordance with Schedule 1 is not appropriate, or reasonable, in the circumstances, make an order that – specifies how the compensation is to be distributed; and requires a person, to whom compensation has been distributed, to repay such amount of the compensation as is required for the compensation to be distributed as specified in the order.

For the purposes of subsection (3), the Tribunal is to consider how compensation may be provided in accordance with Schedule 1 but is not bound by that Schedule when determining – if the distribution of compensation in accordance with that Schedule is appropriate, or reasonable, in the circumstances; or how compensation is to be distributed under an order made by the Tribunal under subsection (3)(b).

Except as specified in this section, the Tribunal may hear and determine an application under subsection (1) in accordance with the provisions of the Tasmanian Civil and Administrative Tribunal Act 2020.