Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

The Commissioner must determine an application made under section 79 – by granting the application; or by refusing to grant the application.

The Commissioner, after receiving an application under section 79 from a person – may refer to a medical practitioner the medical question as to the degree of incapacity of the person; and may refer to a medical panel the medical question as to the degree of incapacity of the person.

If the Commissioner is of the opinion that the degree of incapacity of a person to whom an application under section 79 relates has increased because of a different disease ("the secondary disease") from the disease in relation to which a determination was made in relation to the person under section 70, the Commissioner must refer to a medical panel the medical question as to whether the secondary disease is an asbestos-related disease.

If the Commissioner is satisfied, having regard to – a medical certificate given by a medical practitioner; or a determination of a medical panel – that the degree of incapacity of a person to whom an application under section 79 relates has increased because of an asbestos-related disease, the Commissioner must determine the application in accordance with subsection (1)(a).

Subsection (4) applies to a person in relation to an asbestos-related disease whether or not it is the same disease as the disease in relation to which the determination that compensation was payable to the person was made under section 70.

The Commissioner must notify in writing a person in relation to whom a determination is made under subsection (1) of the determination of the Commissioner.

If the Commissioner determines in accordance with subsection (1)(a) an application made under section 79 by a person, the Commissioner must determine that the weekly payments of the person are to be increased to reflect the degree of incapacity that the person has at the time of the application.