Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

This section applies in relation to a person who has a compensable disease if the Commissioner has paid any compensation under this Act in relation to the person or a member of the family of the person.

If this section applies in relation to a person who has a compensable disease, the Commissioner may, in a court of competent jurisdiction, recover from a culpable manufacturer in relation to the person, or a culpable supplier in relation to the person, the relevant amounts in relation to the person.

The Commissioner may not recover under this section all or part of a relevant amount in relation to a person who has a compensable disease if an order has been made under this section that another person is required to pay to the Commissioner the relevant amount.

In addition to subsection (3), the Commissioner may also not recover under this section such part of a relevant amount in relation to a person who has a compensable disease if – the Commissioner has paid the relevant amount to the person, or a member of the family of the person, in accordance with this Act; and the amount has been incorrectly calculated; and the person or a member of the family of the person is not, either directly or indirectly, the cause of the incorrect calculation.

The Commissioner, before attempting to recover under this section the relevant amounts in relation to a person who has a compensable disease, is to consider whether – the action to recover the amount is likely to be successful and, if so, whether the amount that may be recovered justifies taking the action; and it is in the public interest to take the action by virtue of the conduct of the culpable manufacturer or culpable supplier, as the case may be.

For the purposes of this section, an amount is taken to be a relevant amount in relation to a person and to have been paid by the Commissioner if the Commissioner lodges, with the court in which the claim for recovery of the amount is made, a copy of a record, made by the Commissioner, of the payment by the Commissioner of the amount in relation to the person.

The payment by the Commissioner of all or part of a relevant amount in relation to a person may not be challenged by a person from whom the Commissioner seeks to recover an amount under this section.

The Commissioner is not required to discover a document, or a class of documents, in relation to a claim for an amount under this section, except in accordance with an order of the court with which the claim for recovery is lodged.

If a claim is made by the Commissioner under this section for recovery, of a relevant amount in relation to a person who has a compensable disease, from a person – the person may apply to the court to have another person joined as a party to the proceedings in relation to the claim; and a court may determine that one or more of those persons who are joined as a party and who are a culpable manufacturer or culpable supplier in relation to the relevant asbestos product are liable to pay the amount in the proportions that the court considers represent the relative liability of the persons.

A judgment made by a court that an amount is payable by a person pursuant to this section is to be registered with, and is enforceable as an order of, the Supreme Court.