Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

The degree of impairment, of a person who has a compensable disease, that is attributable to the disease is to be, for the purpose of the determination under Part 6 of an application for compensation, assessed as at the time the application for compensation is made or at a later time, if any, that is approved.

The degree of impairment, of a person who has a compensable disease, that is attributable to the disease is, if the person has made an application under section 74 or 76,to be assessed – as at the time the application is made; or at a later time, if any, that is approved.

An assessment of a degree of impairment is to be undertaken by an accredited impairment assessor in accordance with – any relevant guidelines issued by the WorkCover Tasmania Board under the Workers Rehabilitation and Compensation Act 1988; or if there are no such guidelines, the AMA Guides; or if there are no such guidelines and the AMA Guides are not applicable or are unsuitable, the method, if any, prescribed for the purposes of section 72 of the Workers Rehabilitation and Compensation Act 1988.

In assessing a degree of impairment, of a person who has a compensable disease,that is attributable to the disease – regard is not to be had to any psychiatric or psychological injury, impairment or symptoms arising as a consequence of, or secondary to, the disease; and the degree may comprise a combination of impairments arising out of the same disease or various asbestos-related diseases, assessed together using the combination tables in the AMA Guides as modified, if at all, by the guidelines referred to in subsection (3); and an impairment arising otherwise than from the disease is not to be taken into account in assessing the degree of the impairment resulting from the disease.