Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

Subsection (2) applies to a person if – 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 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 the person is alive at the time the Commissioner receives the determination referred to in paragraph (b).

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 – 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 the Commissioner had referred the medical questions in respect of the person to a medical panel in accordance with section 47; and 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.

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.

Subsection (5) applies to a person if – 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 the Commissioner has subsequently received under subsection (3) a medical certificate from the person; and the Commissioner receives the medical certificate referred to in paragraph (b) within 6 months after the certificate is given; and the person is alive at the time the Commissioner receives the medical certificate referred to in paragraph (b).

If this subsection applies to a person – 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 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).