Tasmanian Numbered Acts Tasmanian Numbered Acts
- Act 29 of 2011
- Royal Assent 4 October 2011
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. Short title
2. Commencement
3. Objects of Act
4. Application of Act to Crown
PART 2 - Interpretative Provisions Division 1 - General
5. Interpretation
6. When person has "compensable disease"
7. Meaning of "relevant employment period"
8. Meaning of "medical question"
9. References to certificates as to "imminently fatal" and
"non-imminently fatal" diseases
10. References to application for compensation relating to person who has
compensable disease
11. Meaning of "evidence of a person's occupational history"
Division 2 - When persons are, or are not, workers
12. When person is a worker
13. Certain contractors and salespeople, &c., to be taken to be
workers
14. Taxi drivers and luxury hire car drivers to be taken to be workers
15. Persons plying vehicles or vessels for hire to be taken to be
workers
16. Jockeys to be taken to be workers
17. Ministers of religion to be taken to be workers
18. Persons may be prescribed to be workers
19. Volunteers engaged in fire-fighting or fire prevention operations to
be taken to be workers
20. Volunteers engaged in providing ambulance services to be taken to be
workers
21. Police volunteers to be taken to be workers
22. Prescribed classes of volunteers to be taken to be workers
23. Certain persons not to be taken to be workers
24. Persons who are Commonwealth employees when relevant exposure to
asbestos occurred not to be taken to be workers
25. Sportspeople not to be taken to be workers
Division 3 - When employment is connected with this State
26. When employment is "connected with this State"
27. Determination of State of connection by Commissioner or Tribunal
28. Recognition of previous determinations of State of connection
PART 3 - Entitlement to Compensation
29. Persons with compensable disease entitled to compensation
30. Entitlement to compensation when person contracts another compensable
disease
31. Members of family of person who has compensable disease entitled to
compensation
32. Assumptions as to exposure as a worker
PART 4 - Applications for Compensation Division 1 - How applications
to be made
33. Applications for compensation
34. Applications in relation to imminently fatal disease not required in
certain circumstances
35. Application by family members to be made jointly
Division 2 - Time in which applications to be made
36. If diagnosis of imminently fatal asbestos-related disease occurs
before commencement day
37. If diagnosis of imminently fatal asbestos-related disease occurs after
commencement day
38. No time limitation where diagnosis of non-imminently fatal
asbestos-related disease
39. If person who has compensable disease dies
40. Extension of time to make application for compensation
Division 3 - Initial consideration of applications
41. Commissioner may require further information to be provided by
applicant
42. Rejection of application
43. Rejection of application may be referred to Tribunal
44. Commissioner to refer assessment of degree of impairment to
accredited impairment assessor
PART 5 - Determination of Medical Questions Division 1 - Accredited
impairment assessors
45. Referral to accredited impairment assessor of assessment of degree of
impairment
46. Assessment of degree of impairment
Division 2 - Reference of medical questions to medical panel
47. Medical questions to be referred to medical panel
48. Time for referring medical questions to medical panel
49. Commissioner to provide opinions of assessors and other medical
practitioners to medical panel
Division 3 - Formation of medical panel
50. Register of suitably qualified medical practitioners
51. Selection of members of medical panel
Division 4 - Referrals to medical practitioners
52. Medical panel may refer medical question to medical practitioner
53. Commissioner is to refer to medical practitioner person receiving
weekly payments
54. Opinion of medical practitioner to whom medical question referred
Division 5 - Medical examinations by medical professionals
55. Person may be required to attend medical examination or take test
56. Medical professional may ask person questions, &c.
57. Refusal by person to assist medical professional
58. Determination by Tribunal of matter referred to it under
section 57
59. Representation before medical professional
Division 6 - Determination of medical questions
60. Determination by medical panel
61. Determinations by medical panel if matter referred to accredited
impairment assessors
62. Determination by medical panel of whether person has imminently or
non-imminently fatal disease
63. Time in which medical panel to make determination
64. Medical panel to determine own procedure
65. Medical panels not bound by rules of evidence
Division 7 - Commissioner to pay costs of certain examinations and
tests
66. Commissioner to pay for costs of tests or examinations by accredited
impairment assessors
67. Commissioner to pay for costs of certain medical examinations and
tests
68. Applications for payment of costs
PART 6 - Determination of Applications for Compensation
69. Application for compensation to be determined after determination of
medical panel
70. Commissioner to determine applications for compensation
71. Commissioner bound by medical panel's determination of medical
questions
PART 7 - Compensation Payable to Person Who Has Compensable Disease
Division 1 - Compensation payable to person who has compensable
disease
72. Compensation payable to person who has imminently fatal compensable
disease
73. Compensation payable to person who has non-imminently fatal
compensable disease
Division 2 - Variation of compensation payable
74. Person with increased impairment of less than 51% may apply for
variation of lump sum compensation
75. Variation of lump sum compensation because of increased impairment of
less than 51%
76. Person with increased impairment of 51% or more may apply for
variation of lump sum compensation
77. Variation of lump sum compensation because of increased impairment of
51% or more
78. Time in which application under section 74 or section 76 is
to be determined
79. Person with increased incapacity may apply for variation of weekly
payments
80. Variation of weekly payments because of increased incapacity
81. Time in which application under section 79 is to be determined
82. Commissioner may request further information be provided
Division 3 - Calculation of weekly payments
83. Interpretation of Division 3
84. Entitlement to weekly payments
85. Amount of weekly payments
86. Matters to be taken into account in calculating weekly payments
87. Calculation of normal weekly earnings
Division 4 - Payment of weekly payments
88. When weekly payments to be made
89. Entitlement to weekly payments where person ceases to reside in this
State
90. Paid leave during period of incapacity
91. When weekly payments may be terminated or reduced
92. Weekly payments cease when determination made that person has
imminently fatal asbestos-related disease
93. Weekly payments cease on pensionable age
94. Reference to Tribunal of refusal of Commissioner to pay weekly
payments
95. Reference to Tribunal of matters relating to amount of weekly
payments
96. Weekly payment may not be assigned, &c.
PART 8 - Compensation Payable to Family Members
97. Meaning of "total family amount"
98. Compensation payable to family members
99. Person with compensable disease may include stepchildren in family
for purposes of this Act
PART 9 - Persons to Whom Compensation to be Paid
100. Payment of compensation to persons entitled
101. Payment of compensation to Public Trustee
PART 10 - Compensation and Damages under Common Law or Other Laws
Division 1 - Interpretation
102. Interpretation of Part 10
103. Meaning of "relevant judgment or settlement"
104. When action for damages is to be taken to begin for purposes of
this Part
Division 2 - Requirements in relation to common law actions
105. Person to notify Commissioner on commencing certain actions or
receiving certain damages
106. Certain actions not to commence until application for compensation
determined
107. No entitlement to compensation if certain settlements, &c., made
before commencement day
Division 3 - Effect of common law judgments
108. References to receipt of moneys
109. Where money received under settlements, &c., after application for
compensation made
110. Where money received under settlement, &c., before application
made by person with imminently fatal compensable disease
111. Where money received under settlement, &c., before application
made by person with non-imminently fatal compensable disease
112. Where money received under settlement, &c., by member of family
113. Debts due and payable
Division 4 - Statutory compensation under other laws
114. Person not to receive statutory compensation under more than one Act
115. Choice of law
PART 11 - Medical, Funeral, Travel, &c., Expenses
116. Interpretation of Part 11
117. Funeral expenses payable
118. Medical, &c., expenses payable for imminently fatal disease
119. Medical, &c., expenses payable if non-imminently fatal disease
120. Travelling expenses
121. How claim for payment of expenses may be made
122. Determination of claims for payment of expenses
123. Persons to whom expenses under this Part are to be paid
PART 12 - Dispute Resolution Division 1 - Referral of matters to
Tribunal
124. Commissioner's determination of application may be referred to
Tribunal
125. Refusal to increase lump sum may be referred to Tribunal
126. Questions as to whether Commissioner required to pay expenses may be
referred to Tribunal
127. Question as to apportionment between family members may be referred
to Tribunal
128. How referrals to be made to Tribunal
Division 2 - Asbestos Compensation Tribunal
129. Asbestos Compensation Tribunal
130. Functions and powers of Tribunal
131. Exclusive jurisdiction of Tribunal
132. Administrative functions of Chief Commissioner of Tribunal
133. Registrar and Deputy Registrars of Tribunal
134. Annual report
135. Record of Tribunal
Division 3 - Hearings
136. Tribunal may amend application or require further information to be
provided
137. Adjournment of proceedings
138. Presentation of cases
139. Procedure
140. Burden of proof
141. Evidence
142. Determination of medical question by Tribunal
143. Parties' right to be heard
144. Right of Tribunal to state case
145. Records of proceedings
146. Costs
147. Contempt
148. Tribunal may make interim declaration
149. Orders
150. Tribunal may publish information relating to determination
151. Orders of Tribunal are final
152. Right of appeal
PART 13 - Asbestos Compensation Commissioner
153. Asbestos Compensation Commissioner
154. Functions of Commissioner
155. Powers of Commissioner
156. Minister may give Commissioner directions
157. Delegation by Commissioner
158. Secretary to, and staff of, Commissioner
159. Annual report
160. Financial statements
161. Commissioner to keep applicants informed
PART 14 - Compensation Fund
162. Asbestos Compensation Fund
163. Nominal Insurer to pay into Fund amounts from HIH funds
164. Minister may give directions in relation to Fund
PART 15 - Levy
165. Interpretation of Part 15
166. Determination of levy
167. Policyholders and self-insurers liable to pay levy
168. Levy amounts to be paid by policyholder to insurer
169. Levy amounts to be paid by self-insurer to Commissioner
170. Convictions for offences relating to levy
171. Refunds of levy amounts
PART 16 - Miscellaneous Division 1 - Recovery of amounts paid under
Act
172. Interpretation of this Division
173. Commissioner may seek to recover certain amounts from culpable
manufacturers and suppliers
174. Recovery from employer responsible for contraction of asbestos-related
disease
Division 2 - Other matters
175. Enactments relating to limitation of actions do not apply
176. Liability of persons performing functions under this Act
177. Persons not to overcharge for services the Commissioner is required
to pay as expenses
178. Recovery of compensation, or expenses, that have been overpaid
179. False or misleading statements
180. Commissioner may obtain information
181. Medical certificates to be in approved form
182. Reliance on reports of medical panel or medical practitioner
183. Receipt by minor is valid discharge
184. Maintenance of secrecy
185. Time limits for actions taken by Commissioner, &c.
186. Role of WorkCover Board
187. Review of operation of Act
188. Regulations
189. Administration of Act
SCHEDULE 1
SCHEDULE 2
[ Note: This table has been automatically generated and may be incomplete. ]