Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011

In this section – pension age, in relation to a person, means the date on which the person attains the pension age, within the meaning of the Social Security Act 1991 of the Commonwealth, in relation to that person.

Subject to subsection (3), an entitlement, of a person who has made an application for compensation, to weekly payments under section 84 in relation to a disease ceases – if the application is made before the date on which the person attains the pension age, on the person attaining that year of age; or if the application is made on or after the date on which the person attains the pension age – on the date one year after the day on which the application is made; or if another date is prescribed, that date.

If the terms and conditions of a person's employment permit the person to continue in that employment beyond the pension age, the person may refer to the Tribunal for determination the question as to whether or not the provisions of subsection (2) should apply to him or her.

The Tribunal may determine that weekly payments of compensation may be continued beyond the dates mentioned in subsection (2) in relation to a person who has referred a question to the Tribunal under subsection (3), if the Tribunal is satisfied that – the terms of the person's employment would have entitled him or her to continue in that employment beyond the pension age; and the person, but for an asbestos-related disease, intended to continue in that employment beyond that age; and the incapacity of the person resulting from that disease will continue beyond the date on which he or she attains the pension age.

If the Tribunal makes a determination under subsection (4) that weekly payments may be continued beyond the dates mentioned in subsection (2) in relation to a person, the Tribunal must determine the period for which the payments are to be continued.