Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

The Commissioner, under section 80(1), is to determine an application by a person under section 79 within 10 business days after receiving the application.

If the Commissioner, after receiving from a person an application under section 79, refers a medical question in relation to the person to a medical practitioner in accordance with section 80(2) – subsection (1) does not apply in relation to the application; and the Commissioner, within 10 business days after receiving a determination of the medical question from the medical practitioner, is to – determine under section 80(1) the application; or refer the medical question to a medical panel.

If the Commissioner, after receiving from a person an application under section 79, refers a medical question in relation to the person to a medical panel in accordance with section 80(2) or (3) or subsection (2)(b)(ii) – subsection (1) does not apply in relation to the application; and the Commissioner is to determine under section 80(1) the application within 10 business days after receiving a determination of the medical question from the medical panel.

Subsection (5) applies in relation to an application under section 79 by a person if the Commissioner has – referred a medical question in relation to the person to a medical practitioner or medical panel in accordance with section 80(2) or (3) or subsection (2)(b)(ii); and in a notice under section 82(2), requested the person to provide further information that relates to a medical question.

If this subsection applies in relation to an application under section 79 by a person – subsections (1), (2) and (3) do not apply in relation to the application; and the Commissioner is to determine under section 80(1) the application within 10 business days after the Commissioner receiving both – the determination of the medical practitioner or medical panel, as the case may be; and the further information requested.