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TASMANIA
__________
ASBESTOS-RELATED DISEASES
(OCCUPATIONAL EXPOSURE) COMPENSATION
(CONSEQUENTIAL AMENDMENTS) BILL 2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - AMBULANCE SERVICE ACT 1982 AMENDED
3. Principal Act
4. Section 36 amended (Fees for ambulance services)
PART 3 - APPEAL COSTS FUND ACT 1968 AMENDED
5. Principal Act
6. Section 5B inserted
5B. Annual statement by Registrar of Asbestos
Compensation Tribunal
PART 4 - CIVIL LIABILITY ACT 2002 AMENDED
7. Principal Act
8. Section 3B amended (Civil liability excluded from Act)
9. Section 43A amended (Application of Part 9A)
10. Section 45 amended (Meaning of "volunteer")
PART 5 - CIVIL PROCESS ACT 1985 AMENDED
11. Principal Act
[Bill 39]-XI
12. Section 4 amended (Prevalence of this Act)
PART 6 - DIRECTOR OF PUBLIC PROSECUTIONS ACT 1973
AMENDED
13. Principal Act
14. Section 6 amended (Remuneration of Director)
PART 7 - EVIDENCE (AUDIO AND AUDIO VISUAL LINKS)
REGULATIONS 2008 AMENDED
15. Principal Regulations
16. Regulation 4 amended (Certain tribunals prescribed as
Tasmanian courts)
PART 8 - FIRE SERVICE ACT 1979 AMENDED
17. Principal Act
18. Section 40 amended (Assistance in relation to civil emergencies)
19. Section 41 amended (Services outside fire-fighting)
20. Section 130A amended (Provisions relating to employment)
PART 9 - HEALTH (FEES) REGULATIONS 2007 AMENDED
21. Principal Regulations
22. Regulation 3 amended (Interpretation)
PART 10 - HEALTH ACT 1997 AMENDED
23. Principal Act
24. Section 7 amended (Fees)
PART 11 - HEALTH COMPLAINTS ACT 1995 AMENDED
25. Principal Act
26. Section 30 amended (Withdrawal of complaint)
27. Section 36 amended (Commissioner may end conciliation)
28. Section 43 amended (Conduct of investigation)
29. Schedule 1 amended (Health Services)
PART 12 - INDUSTRIAL RELATIONS ACT 1984 AMENDED
30. Principal Act
2
31. Section 6 amended (Provisions relating to appointment of
Commissioners)
PART 13 - LOCAL GOVERNMENT ACT 1993 AMENDED
32. Principal Act
33. Section 265 amended (Electoral officers)
PART 14 - LONG SERVICE LEAVE (CASUAL WHARF
EMPLOYEES) ACT 1982 AMENDED
34. Principal Act
35. Section 3 amended (Interpretation)
PART 15 - LONG SERVICE LEAVE ACT 1976 AMENDED
36. Principal Act
37. Section 2 amended (Interpretation)
PART 16 - MAGISTRATES COURT ACT 1987 AMENDED
38. Principal Act
39. Section 10 amended (Terms and conditions of service of
magistrates)
PART 17 - MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
40. Principal Act
41. Section 14 amended (General liability of Board in respect of
motor accidents)
42. Section 24 amended (Exclusions from scheduled benefits)
PART 18 - RETIREMENT BENEFITS REGULATIONS 2005
AMENDED
43. Principal Regulations
44. Regulation 85 amended (Reduction or suspension of invalidity
pensions in certain cases)
PART 19 - SENTENCING ACT 1997 AMENDED
45. Principal Act
46. Section 36A amended (Offender discharging order is taken to be
Crown employee for certain purposes)
3
PART 20 - SOLICITOR-GENERAL ACT 1983 AMENDED
47. Principal Act
48. Section 5 amended (Terms and conditions of service of
Solicitor-General)
PART 21 - WORKERS REHABILITATION AND COMPENSATION
ACT 1988 AMENDED
49. Principal Act
50. Section 3 amended (Interpretation)
51. Section 77F amended (Revocation or suspension of
accreditations)
52. Section 164BA inserted
164BA. Application of Asbestos-Related Diseases
(Occupational Exposure) Compensation Act 2011
53. Schedule 4 amended (Diseases in Respect of Which There is
Presumption of Cause)
PART 22 - CONCLUDING PROVISIONS
54. Repeal of Act
4
ASBESTOS-RELATED DISEASES
(OCCUPATIONAL EXPOSURE) COMPENSATION
(CONSEQUENTIAL AMENDMENTS) BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
7 July 2011
(Brought in by the Minister for Workplace Relations, the
Honourable David James O'Byrne)
A BILL FOR
An Act to amend certain legislation consequent on the
enactment of the Asbestos-Related Diseases (Occupational
Exposure) Compensation Act 2011 and to make certain
other minor amendments to legislation so amended
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Asbestos-Related
Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act
2011.
THIS BILL IS COGNATE WITH THE ASBESTOS-RELATED DISEASES (OCCUPATIONAL
EXPOSURE) ACT 2011
[Bill 39] 5
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
This Act commences on the day on which
section 29 of the Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
2011 commences.
6
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 2 - Ambulance Service Act 1982 Amended s. 3
PART 2 - AMBULANCE SERVICE ACT 1982
AMENDED
3. Principal Act
In this Part, the Ambulance Service Act 1982* is
referred to as the Principal Act.
4. Section 36 amended (Fees for ambulance services)
Section 36(1) of the Principal Act is amended by
inserting "the Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
2011," after "Workers Rehabilitation and
Compensation Act 1988,".
*No. 105 of 1982
7
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 5 Part 3 - Appeal Costs Fund Act 1968 Amended
PART 3 - APPEAL COSTS FUND ACT 1968 AMENDED
5. Principal Act
In this Part, the Appeal Costs Fund Act 1968* is
referred to as the Principal Act.
6. Section 5B inserted
After section 5A of the Principal Act, the
following section is inserted:
5B. Annual statement by Registrar of Asbestos
Compensation Tribunal
(1) The Registrar of the Asbestos
Compensation Tribunal established under
the Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011 must, not later than 31 July in
each year, give to the Asbestos
Compensation Commissioner appointed
under that Act a statement specifying the
number of applications for referral made
under that Act to the Tribunal during the
previous financial year.
(2) The Asbestos Compensation
Commissioner must, not later than 31
August in each year -
*No. 57 of 1968
8
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 3 - Appeal Costs Fund Act 1968 Amended s. 6
(a) give to the Registrar a copy of the
statement received by the
Commissioner under subsection
(1); and
(b) pay to the Registrar the
prescribed amount.
(3) For the purposes of subsection (2), the
prescribed amount is an amount
calculated by multiplying the number of
applications for referral made under that
Act to the Tribunal by the fee prescribed
in regulations made under this Act on the
filing of a plaint in a court of requests.
9
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 7 Part 4 - Civil Liability Act 2002 Amended
PART 4 - CIVIL LIABILITY ACT 2002 AMENDED
7. Principal Act
In this Part, the Civil Liability Act 2002* is
referred to as the Principal Act.
8. Section 3B amended (Civil liability excluded from
Act)
Section 3B(4) of the Principal Act is amended by
inserting "the Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
2011," after "Workers Rehabilitation and
Compensation Act 1988,".
9. Section 43A amended (Application of Part 9A)
Section 43A(1)(b) of the Principal Act is
amended by omitting "Australian Consumer
Law (Tasmania) Act 2010" and substituting
"Australian Consumer Law (Tasmania)".
10. Section 45 amended (Meaning of "volunteer")
Section 45(1) of the Principal Act is amended by
inserting "or the Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
*No. 54 of 2002
10
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 4 - Civil Liability Act 2002 Amended s. 10
2011" after "Workers Rehabilitation and
Compensation Act 1988" in paragraph (a) of the
definition of "volunteer".
11
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 11 Part 5 - Civil Process Act 1985 Amended
PART 5 - CIVIL PROCESS ACT 1985 AMENDED
11. Principal Act
In this Part, the Civil Process Act 1985* is
referred to as the Principal Act.
12. Section 4 amended (Prevalence of this Act)
Section 4(2) of the Principal Act is amended by
omitting paragraph (g) and substituting the
following paragraph:
(g) proceedings under -
(i) the Workers Rehabilitation and
Compensation Act 1988; or
(ii) the Asbestos-Related Diseases
(Occupational Exposure)
Compensation Act 2011; or
*No. 73 of 1985
12
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 6 - Director of Public Prosecutions Act 1973 Amended s. 13
PART 6 - DIRECTOR OF PUBLIC PROSECUTIONS
ACT 1973 AMENDED
13. Principal Act
In this Part, the Director of Public Prosecutions
Act 1973* is referred to as the Principal Act.
14. Section 6 amended (Remuneration of Director)
Section 6(3) of the Principal Act is amended by
inserting "and the Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
2011" after "Workers Rehabilitation and
Compensation Act 1988".
*No. 11 of 1973
13
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 15 Part 7 - Evidence (Audio and Audio Visual Links) Regulations 2008
Amended
PART 7 - EVIDENCE (AUDIO AND AUDIO VISUAL
LINKS) REGULATIONS 2008 AMENDED
15. Principal Regulations
In this Part, the Evidence (Audio and Audio
Visual Links) Regulations 2008* are referred to
as the Principal Regulations.
16. Regulation 4 amended (Certain tribunals
prescribed as Tasmanian courts)
Regulation 4 of the Principal Regulations is
amended by inserting after paragraph (h) the
following paragraph:
(ha) Asbestos Compensation Tribunal;
*S.R. 2008, No. 72
14
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 8 - Fire Service Act 1979 Amended s. 17
PART 8 - FIRE SERVICE ACT 1979 AMENDED
17. Principal Act
In this Part, the Fire Service Act 1979* is
referred to as the Principal Act.
18. Section 40 amended (Assistance in relation to civil
emergencies)
Section 40(3) of the Principal Act is amended by
inserting "and section 19 of the Asbestos-Related
Diseases (Occupational Exposure)
Compensation Act 2011" after "section 5 of the
Workers Rehabilitation and Compensation Act
1988".
19. Section 41 amended (Services outside fire-fighting)
Section 41(5) of the Principal Act is amended by
inserting "and section 19 of the Asbestos-Related
Diseases (Occupational Exposure)
Compensation Act 2011" after "section 5 of the
Workers Rehabilitation and Compensation Act
1988".
*No. 35 of 1979
15
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 20 Part 8 - Fire Service Act 1979 Amended
20. Section 130A amended (Provisions relating to
employment)
Section 130A(2) of the Principal Act is amended
by inserting "and the Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
2011" after "Workers Rehabilitation and
Compensation Act 1988".
16
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 9 - Health (Fees) Regulations 2007 Amended s. 21
PART 9 - HEALTH (FEES) REGULATIONS 2007
AMENDED
21. Principal Regulations
In this Part, the Health (Fees) Regulations 2007*
are referred to as the Principal Regulations.
22. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is
amended by inserting after subparagraph (ii) in
paragraph (a) of the definition of "compensable
patient" the following subparagraph:
(iia) the Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011; or
*S.R. 2007, No. 92
17
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 23 Part 10 - Health Act 1997 Amended
PART 10 - HEALTH ACT 1997 AMENDED
23. Principal Act
In this Part, the Health Act 1997* is referred to
as the Principal Act.
24. Section 7 amended (Fees)
Section 7 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) The fee payable for hospital services
provided to a person whose fees and
charges are being funded by the Asbestos
Compensation Commissioner appointed
under the Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011 is the amount agreed from time
to time by the Minister and the Asbestos
Compensation Commissioner for the
provision of those services.
*No. 13 of 1997
18
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 11 - Health Complaints Act 1995 Amended s. 25
PART 11 - HEALTH COMPLAINTS ACT 1995
AMENDED
25. Principal Act
In this Part, the Health Complaints Act 1995* is
referred to as the Principal Act.
26. Section 30 amended (Withdrawal of complaint)
Section 30(3) of the Principal Act is amended by
omitting "section 25(1)(a)" and substituting
"section 25(1A)(a)".
27. Section 36 amended (Commissioner may end
conciliation)
Section 36(2)(b) of the Principal Act is amended
by omitting "section 25(1)(a)" and substituting
"section 25(1A)(a)".
28. Section 43 amended (Conduct of investigation)
Section 43(2) of the Principal Act is amended by
omitting "section 25(1)(b)(i)" and substituting
"section 25(1A)(b)(i)".
*No. 95 of 1995
19
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 29 Part 11 - Health Complaints Act 1995 Amended
29. Schedule 1 amended (Health Services)
Schedule 1 to the Principal Act is amended by
omitting Part 2 and substituting:
PART 2 - SERVICES THAT ARE NOT HEALTH SERVICES
1. The provision of an opinion or the
making of a decision for the purposes of
a claim under the Workers Rehabilitation
and Compensation Act 1988.
2. The provision of an opinion or the
making of a decision for the purposes of,
or in relation to, an application made to
the Asbestos Compensation
Commissioner, or the Asbestos
Compensation Tribunal, under the
Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011.
20
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 12 - Industrial Relations Act 1984 Amended s. 30
PART 12 - INDUSTRIAL RELATIONS ACT 1984
AMENDED
30. Principal Act
In this Part, the Industrial Relations Act 1984* is
referred to as the Principal Act.
31. Section 6 amended (Provisions relating to
appointment of Commissioners)
Section 6(5) of the Principal Act is amended by
inserting after paragraph (b) the following
paragraph:
(ba) the Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011; and
*No. 21 of 1984
21
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 32 Part 13 - Local Government Act 1993 Amended
PART 13 - LOCAL GOVERNMENT ACT 1993
AMENDED
32. Principal Act
In this Part, the Local Government Act 1993* is
referred to as the Principal Act.
33. Section 265 amended (Electoral officers)
Section 265(4) of the Principal Act is amended
by inserting "and the Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
2011" after "Workers Rehabilitation and
Compensation Act 1988".
*No. 95 of 1993
22
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 14 - Long Service Leave (Casual Wharf Employees) Act 1982 Amended s. 34
PART 14 - LONG SERVICE LEAVE (CASUAL WHARF
EMPLOYEES) ACT 1982 AMENDED
34. Principal Act
In this Part, the Long Service Leave (Casual
Wharf Employees) Act 1982* is referred to as the
Principal Act.
35. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting "or the Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
2011" after "Workers Rehabilitation and
Compensation Act 1988" in the definition of
"workers' compensation".
*No. 37 of 1982
23
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 36 Part 15 - Long Service Leave Act 1976 Amended
PART 15 - LONG SERVICE LEAVE ACT 1976
AMENDED
36. Principal Act
In this Part, the Long Service Leave Act 1976* is
referred to as the Principal Act.
37. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended by
inserting after paragraph (a) in the definition of
"workers' compensation" the following
paragraph:
(ab) the Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011; or
*No. 95 of 1976
24
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 16 - Magistrates Court Act 1987 Amended s. 38
PART 16 - MAGISTRATES COURT ACT 1987
AMENDED
38. Principal Act
In this Part, the Magistrates Court Act 1987* is
referred to as the Principal Act.
39. Section 10 amended (Terms and conditions of
service of magistrates)
Section 10(4) of the Principal Act is amended by
inserting "and the Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
2011" after "Workers Rehabilitation and
Compensation Act 1988".
*No. 45 of 1987
25
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 40 Part 17 - Motor Accidents (Liabilities and Compensation) Act 1973
Amended
PART 17 - MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
40. Principal Act
In this Part, the Motor Accidents (Liabilities and
Compensation) Act 1973* is referred to as the
Principal Act.
41. Section 14 amended (General liability of Board in
respect of motor accidents)
Section 14 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) Subsection (1) does not apply to any
liability in relation to the contraction by a
person of an asbestos-related disease,
within the meaning of the Asbestos-
Related Diseases (Occupational
Exposure) Compensation Act 2011, if the
person is entitled to compensation under
that Act in relation to the contraction by
the person of that disease.
*No. 71 of 1973
26
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 17 - Motor Accidents (Liabilities and Compensation) Act 1973 s. 42
Amended
42. Section 24 amended (Exclusions from scheduled
benefits)
Section 24(1) of the Principal Act is amended by
inserting after paragraph (ba) the following
paragraph:
(bb) where the personal injury consists of the
contraction by the person of an asbestos-
related disease, within the meaning of the
Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011 and the person is entitled to
compensation under that Act in relation
to the contraction by the person of that
disease;
27
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 43 Part 18 - Retirement Benefits Regulations 2005 Amended
PART 18 - RETIREMENT BENEFITS REGULATIONS
2005 AMENDED
43. Principal Regulations
In this Part, the Retirement Benefits Regulations
2005* are referred to as the Principal
Regulations.
44. Regulation 85 amended (Reduction or suspension of
invalidity pensions in certain cases)
Regulation 85(1) of the Principal Regulations is
amended by omitting paragraph (d) and
substituting the following paragraph:
(d) is in receipt of -
(i) regular workers compensation
payments under the Workers
Rehabilitation and Compensation
Act 1988; or
(ii) regular weekly payments under
Part 7 of the Asbestos-Related
Diseases (Occupational
Exposure) Compensation Act
2011 -
and the combined payments of the
invalidity pension and those workers
*S.R. 2005, No. 77
28
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 18 - Retirement Benefits Regulations 2005 Amended s. 44
compensation payments or regular
weekly payments exceed the salary
received, or taken by the Board to have
been received, in the previous 12
months -
29
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 45 Part 19 - Sentencing Act 1997 Amended
PART 19 - SENTENCING ACT 1997 AMENDED
45. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
46. Section 36A amended (Offender discharging order
is taken to be Crown employee for certain purposes)
Section 36A of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "and the
Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011" after "Workers Rehabilitation
and Compensation Act 1988";
(b) by inserting the following subsection
after subsection (1):
(1A) Despite subsection (1), an
offender discharging a
community service order is not to
be taken to be a worker for the
purposes of section 84(3) of the
Asbestos-Related Diseases
(Occupational Exposure)
Compensation Act 2011 if he or
she is a worker for the purposes
*No. 59 of 1997
30
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 19 - Sentencing Act 1997 Amended s. 46
of section 84(3) of that Act by
reason only of the application of
subsection (1) of this Act.
31
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 47 Part 20 - Solicitor-General Act 1983 Amended
PART 20 - SOLICITOR-GENERAL ACT 1983
AMENDED
47. Principal Act
In this Part, the Solicitor-General Act 1983* is
referred to as the Principal Act.
48. Section 5 amended (Terms and conditions of service
of Solicitor-General)
Section 5(4) of the Principal Act is amended by
inserting "and the Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
2011" after "Workers Rehabilitation and
Compensation Act 1988".
*No. 13 of 1983
32
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 21 - Workers Rehabilitation and Compensation Act 1988 Amended s. 49
PART 21 - WORKERS REHABILITATION AND
COMPENSATION ACT 1988 AMENDED
49. Principal Act
In this Part, the Workers Rehabilitation and
Compensation Act 1988* is referred to as the
Principal Act.
50. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting the definition of "injury" and
substituting the following definition:
"injury" includes -
(a) a disease; and
(b) the recurrence, aggravation,
acceleration, exacerbation or
deterioration of any pre-existing
injury or disease where the
employment was the major or
most significant contributing
factor to that recurrence,
aggravation, acceleration,
exacerbation or deterioration -
but does not, except for the purposes of
section 97(1)(b) and (c), include an
*No. 4 of 1988
33
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 51 Part 21 - Workers Rehabilitation and Compensation Act 1988 Amended
asbestos-related disease within the
meaning of the Asbestos-Related
Diseases (Occupational Exposure)
Compensation Act 2011;
51. Section 77F amended (Revocation or suspension of
accreditations)
Section 77F(1) of the Principal Act is amended
as follows:
(a) by inserting in paragraph (a) "or of the
Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011" after "provision of this Act";
(b) by inserting in paragraph (a) "or that
Act" after "under this Act";
(c) by inserting in paragraph (a) ", the
Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011" after "requirements of this
Act";
(d) by inserting in paragraph (b) "or the
Asbestos-Related Diseases
(Occupational Exposure) Compensation
Act 2011" after "Act".
34
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 21 - Workers Rehabilitation and Compensation Act 1988 Amended s. 52
52. Section 164BA inserted
After section 164A of the Principal Act, the
following section is inserted in Part XIII:
164BA. Application of Asbestos-Related Diseases
(Occupational Exposure) Compensation Act
2011
(1) In this section -
"asbestos-related disease" has the
same meaning as it has in the
Asbestos-Related Diseases
(Occupational Exposure)
Compensation Act 2011.
(2) If a claim for compensation in respect of
an injury consisting of an asbestos-
related disease was made by a person
before the commencement of the
Asbestos-Related Diseases
(Occupational Exposure) Compensation
(Consequential Amendments) Act 2011,
the amendment effected by that Act to
the definition of "injury" in section 3
does not apply in respect of that person
in relation to that claim or any
subsequent claim for compensation made
in relation to that injury.
35
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
s. 53 Part 21 - Workers Rehabilitation and Compensation Act 1988 Amended
53. Schedule 4 amended (Diseases in Respect of Which
There is Presumption of Cause)
Schedule 4 to the Principal Act is amended by
omitting
Asbestosis. Any work involving exposure to
inhalation of asbestos fibres.
Primary malignant neoplasm Any work involving exposure to
of the mesothelium inhalation of asbestos fibres.
(diffuse mesothelioma) of
the pleura or of the
peritoneum.
36
Asbestos-Related Diseases (Occupational Exposure)
Compensation (Consequential Amendments) Act 2011
Act No. of
Part 22 - Concluding Provisions s. 54
PART 22 - CONCLUDING PROVISIONS
54. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 37