Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

In this Act, unless the contrary intention appears – accredited impairment assessor means a person who is an accredited medical practitioner under the Workers Rehabilitation and Compensation Act 1988 and who is authorised by his or her accreditation under that Act to perform impairment assessments;AMA Guides has the same meaning as it has in the Workers Rehabilitation and Compensation Act 1988; application for compensation means an application made under section 33(1) or (4); approved means approved in writing by the Commissioner; asbestos-related disease, in relation to a person, means a medical condition that is attributable to the person having been exposed to asbestos; basic salary means – during the year beginning 1 January 2011, $696.85; and during any subsequent year beginning 1 January, the basic salary for the previous year as varied by the relevant percentage; commencement day means the day on which section 29 comes into force;Commissioner means the Asbestos Compensation Commissioner appointed under section 153; compensation means compensation referred to in Part 7 or 8; compensation units– see subsection (2); contractor means a person who enters into a contract for the provision of services by the person otherwise than as a worker; degree of impairment, in relation to a person, means the impairment of the person because of one or more asbestos-related diseases, assessed at a percentage of the whole person; domestic workers compensation insurance policy means a policy of insurance that indemnifies the policyholder for liabilities under the Workers Rehabilitation and Compensation Act 1988, or independently of that Act, in respect of domestic workers; employer means the person with whom a worker has entered into a contract of service or a training contract and includes – the Crown; and the employer of any person who is a member of a class of persons who are to be taken to be workers for the purposes of this Act;Fund means the Asbestos Compensation Fund established under section 162(1); insurer means a body corporate authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business; levy means the levy from time to time determined under section 166(1); licensed insurer means an insurer who holds a licence that is in force under Division 2 of Part IX of the Workers Rehabilitation and Compensation Act 1988; medical evidence includes, but is not limited to including, X-rays, pathology results, lung function test results, spirometry test results and histopathological test results; medical panel, in relation to a medical question, means the medical panel established, by the selection of members of the panel under section 51(1), to determine the question; medical practitioner register means the register established under section 50; medical professional means – a medical panel; or a member of a medical panel; or an accredited impairment assessor to whom a medical question is referred under section 45; or a medical practitioner to whom a medical question is referred under this Act; medical question– see section 8; medical specialist, in relation to an asbestos-related disease, means a medical practitioner who specialises in such diseases or the field of medicine in relation to diseases of the part of the body in which the asbestos-related disease occurs; member of the family, in relation to a person, means – a spouse of the person; or a person who has not attained the age of 22 years and who is – a natural child of the person; or a child who has been adopted by the person; or a stepchild of the person who is a member of the family for the purposes of this Act by virtue of section 99(2); member of the Tribunal means a member of the Tribunal under section 11 of the Tasmanian Civil and Administrative Tribunal Act 2020; party, in relation to a proceeding before the Tribunal, means – the Commissioner; and any person, other than the Commissioner, who has referred to the Tribunal the matter to which the proceeding relates; and any person joined as a party in relation to the proceeding by virtue of section 127(4) or section 128(3); person who has a compensable disease– see section 6; policyholder means a person who is required under the Workers Rehabilitation and Compensation Act 1988 to maintain for the purposes of that Act a policy of insurance other than a domestic workers compensation insurance policy; Registrar has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020; relevant employment period– see section 7; relevant percentage, in respect of any year beginning 1 January, means the percentage difference in the average weekly ordinary full-time earnings of adults in Tasmania in the period between the May immediately before the start of that year and the immediately preceding May, as evidenced by statistics published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth; self-insurer means a person who is a self-insurer for the purposes of the Workers Rehabilitation and Compensation Act 1988; spouse means – in relation to a person who is living – a person to whom the person is married; and if the person (whether or not he or she is married to a person) is in a significant relationship, within the meaning of the Relationships Act 2003, with another person – that other person; or in relation to a person who is deceased – the person to whom the deceased person was married immediately before the death of the deceased person; and if the deceased person (whether or not he or she was, at the time of his or her death, married to a person) was, immediately before his or her death, in a significant relationship, within the meaning of the Relationships Act 2003, with another person – that other person;State includes a Territory; training contract has the same meaning as in the Training and Workforce Development Act 2013; Tribunal means the Tasmanian Civil and Administrative Tribunal; weekly payment, in relation to a person, means the weekly payment calculated in accordance with Division 3 of Part 7; worker means – a worker within the meaning of section 12; and any person taken to be a worker for the purposes of this Act.

A reference in this Act to a number of compensation units is a reference to the amount obtained by multiplying the basic salary by that number.

For the purposes of this Act, the exercise and performance of the powers and duties of a local or other public authority is to be taken to be the carrying on by the authority of a trade or business.