Commissioner to determine applications for compensation
70 Commissioner to determine applications for compensation
The Commissioner must determine an application for compensation by a person who has a compensable disease by – determining that the person is entitled to compensation under this Act; or determining that the person is not entitled to compensation under this Act.
If the Commissioner determines under subsection (1)(a) that a person who has a compensable disease is entitled to compensation under this Act, the determination must include a determination as to whether the person has – an imminently fatal asbestos-related disease; or a non-imminently fatal asbestos-related disease.
If the Commissioner determines under subsection (1)(a) that a person who has a compensable disease is entitled to compensation under this Act, the determination must include – a determination as to the amount of compensation by way of lump sum to which the person is entitled in accordance with section 72 or 73; and a determination in accordance with Division 3 of Part 7 as to whether the person is entitled to weekly payments and the amount of any such payments.
The Commissioner must determine an application for compensation by a member, or members, of a family of a person who has a compensable disease by – determining that a member, or members, of the family are entitled to compensation under this Act; or determining that no members of the family are entitled to compensation under this Act.
If the Commissioner determines under subsection (4)(a) that a member, or members, of the family of a person who has a compensable disease are entitled to compensation under this Act, the determination is to include a determination as to – the amount of compensation by way of lump sum to which the member, or members, of the family are entitled in accordance with this Act; and the proportions in which the amount is to be divided, if at all, between those members of the family.
As soon as practicable after making a determination under subsection (1) or (4) in relation to an application for compensation, the Commissioner must give, to the person who made the application, notice of the making of the determination.
A notice, given to a person by the Commissioner under subsection (6), of a determination by the Commissioner that determines that any person who made the application is not entitled to compensation under this Act must set out the grounds on which the determination was made that the person is not entitled to compensation.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.