Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

The Commissioner must refer to a medical panel all the medical questions, specified in section 8, in relation to a person, to whom an application for compensation relates, who has a compensable disease, if – the application has not been determined by the Commissioner under section 70; and the Commissioner has not rejected, or does not intend to reject, the application under section 41(5)(b) or section 42.

Subsection (1) does not apply in relation to a medical question as to the degree of impairment or incapacity of a person to whom an application for compensation relates if a medical certificate from a medical specialist certifying that the person has an imminently fatal asbestos-related disease accompanies the application.

The Commissioner may, at any time after an application for compensation in relation to a person who has a compensable disease has been determined by the Commissioner under section 70, refer to a medical panel a medical question, including but not limited to a medical question that has arisen in relation to – whether the medical panel should make a determination that the person has an imminently fatal compensable disease or a non-imminently fatal compensable disease; or the degree of impairment or incapacity of the person; or an application under section 74, 76 or 79; or whether expenses are payable under this Act in relation to the person.

The Commissioner must refer to a medical panel a medical question in relation to a person if the medical question is referred back to the Commissioner by a medical panel under section 60(4).

This section does not apply in relation to an application for compensation in relation to a person if the Commissioner is of the opinion that there are or may be reasons, other than because of a medical question, for determining under section 70 that the person is not entitled to compensation under this Act.