Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

In this Act, a reference to a relevant employment period in respect of a person is a reference to a continuous period of employment of that person as a worker by an employer of that person – beginning on the day on which the person is employed by that employer as a worker; and ending on the day on which the person ceases to be employed as a worker by that employer.

Despite subsection (1), if – the relevant employment period in respect of a person, as determined in accordance with that subsection, includes – a period when the person is in another State for the purposes of that employment; and a period when the person is in this State for the purposes of that employment for a continuous period of more than 6 months; and the person is, in the course of that employment, exposed in this State to asbestos during the period referred to in paragraph (a)(ii) – a reference, in relation to that person, to a relevant employment period in respect of that employment is a reference to the period referred to in paragraph (a)(ii).

Subsection (4) applies to a person in respect of a relevant employment period if – the person is employed by an employer; and the employer sells, transfers, or restructures, the business in respect of which the person is employed; and the person becomes, immediately after the sale, transfer or restructure of the business, an employee of the person to whom the business is sold or transferred or who becomes the employer in respect of the business as restructured.

If this subsection applies to a person, the person is to be taken to be, for the purposes of this section, continuously employed as a worker by the employer referred to in subsection (3)(a) for the period – beginning on the day on which the person is employed as a worker by the employer referred to in subsection (3)(a); and ending on the day on which the person ceases to be employed as a worker by the employer referred to in subsection (3)(c).

For the purposes of this section, if a person works for an employer on a casual or irregular basis as a worker, each period – beginning on the first day, of a period determined in accordance with this subsection, on which the person performs work as a worker in the course of employment by that employer; and ending on the day on which that period of employment as a worker on a casual or irregular basis ends – is to be taken to be a continuous period of employment of the worker by the employer.

For the purposes of subsection (5), a period of employment as a worker on a casual or irregular basis ends on the last day on which the person performs work in that employment before the beginning of a continuous period of 3 months in which the worker does not perform on any day work as a worker in the employment of that employer.