Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

Subject to this Act, the compensation payable under this Act to a person – who has a compensable disease that was, before the commencement day, correctly diagnosed by a medical specialist to be an asbestos-related disease; and who was notified of that diagnosis by the medical specialist; and in relation to whom the Commissioner or the Tribunal has made a determination under this Act that the person has an imminently fatal asbestos-related disease – is a lump sum equivalent to the relevant amount in relation to the person.

For the purposes of subsection (1), the relevant amount in relation to a person is the total of – 360 compensation units; and the number of compensation units, determined in accordance with regulations prescribed for the purposes of this subsection, for a person of the age of the person on the commencement day.

Subject to this Act, the compensation payable under this Act to a person – to whom subsection (1) does not apply; and who has a compensable disease that was, after the commencement day, correctly diagnosed by a medical specialist to be an asbestos-related disease; and who was notified of that diagnosis by the medical specialist; and in relation to whom the Commissioner or the Tribunal has made a subsequent determination under this Act that the person has an imminently fatal asbestos-related disease – is a lump sum equivalent to the relevant amount in relation to the person.

For the purposes of subsection (3), the relevant amount in relation to a person is the total of – 360 compensation units; and the number of compensation units, determined in accordance with regulations prescribed for the purposes of this subsection, for a person of the age of the person on the day on which the person is first notified, by a medical specialist who has correctly diagnosed that the person has an imminently fatal asbestos-related disease, that the person has the disease.

If – a person who has a compensable disease is notified that the person has an imminently fatal asbestos-related disease by a medical specialist who has correctly diagnosed that the person has an imminently fatal asbestos-related disease; and the person is subsequently notified by that medical specialist or another medical specialist, that the person has an imminently fatal asbestos-related disease – the reference in subsection (4) to the day on which the person is notified that the person has an imminently fatal asbestos-related disease is to be taken to be a reference to the first day on which the person is notified as referred to in paragraph (a).

Despite any other provision of this section, if the Commissioner has paid compensation by way of a lump sum under this Act to a person – who has a compensable disease; and in relation to whom the Commissioner or the Tribunal made, before making a determination under this Act that the person has an imminently fatal asbestos-related disease, a determination under this Act that the person has a non-imminently fatal asbestos-related disease – the amount of compensation payable to the person by way of lump sum under this section is to be reduced by the amount of any lump sum already paid to the person under this Act.