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CLAUSE NOTES
Asbestos-Related Diseases (Occupational
Exposure) Compensation (Consequential
Amendments) Bill 2011
Part 1 Preliminary
Clause 1 A formal provision specifying the title of the
proposed Act. The Act amends certain
legislation to ensure the Asbestos Related
Diseases (Occupational Exposure) Act 2011 works
effectively.
Clause 2 A formal provision specifying the
commencement date of the Act. The Act will
commence on the day persons are entitled to
compensation under the Asbestos Related
Diseases (Occupational Exposure) Act 2011.
Part 2 Ambulance Service Act 1982 Amended
Clause 4 Provides that where services are provided, a
fee determined in accordance with the scale of
fees provided in the associated regulations, is
payable if the person is entitled to recover
from the Asbestos Related Diseases (Occupational
Exposure) Compensation Act 2011.
Part 3 Appeal Costs Fund Act 1968 Amended
Clause 6 Provides that the Registrar of the Asbestos
Compensation Tribunal must, not later than 31
July in each year, give to the Asbestos
Compensation Commissioner a statement
specifying the number of applications for
referral made under the Asbestos Related
Diseases (Occupational Exposure) Compensation
Act 2011 to the Tribunal during the previous
financial year. The Asbestos Compensation
Commissioner must, not later than 31 August
in each year give to the Registrar a copy of the
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statement received by it and pay to the
Registrar the prescribed amount.
Part 4 Civil Liability Act 2002 Amended
Clause 8 Ensures that Act does not apply to liability for
compensation under the Asbestos Related
Diseases (Occupational Exposure) Compensation
Act 2011.
Clause 10 A volunteer does not include a person who is
taken to be a worker for the purposes of the
Asbestos Related Diseases (Occupational Exposure)
Compensation Act 2011.
Part 5 Civil Process Act 1985 Amended
Clause 12 Provides that nothing in that Act applies to
procedure or practices in the Asbestos Related
Diseases (Occupational Exposure) Compensation
Act 2011.
Part 6 Director of Public Prosecutions Act 1973
Amended
Clause 14 The Director is deemed to be a worker for the
purposes of the Asbestos Related Diseases
(Occupational Exposure) Compensation Act 2011.
Part 7 Evidence (Audio and Audio Visual Links)
Regulations 2008 Amended
Clause 16 Includes the Asbestos Compensation Tribunal
as a Tasmanian Court. This will allow it to take
evidence and submissions by way of audio link
and audio visual links.
Part 8 Fire Service Act 1979 Amended
Clause 18 Where a Brigade Chief causes their brigade to
provide assistance in respect of a civil
emergency, any member of that brigade is
taken to be engaged in fire-fighting operations
for the purposes of the Asbestos Related
Diseases (Occupational Exposure) Compensation
Act 2011.
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Clause 19 Where the brigade is engaged in the
performance of services, a member who helps
render the services is taken to be engaged in
fire-fighting operations for the purposes of the
Asbestos Related Diseases (Occupational Exposure)
Compensation Act 2011.
Clause 20 The State Fire Commission is deemed to be
the employer of all persons appointed or
employed under the Fire Service Act.
Part 9 Health (Fees) Regulations 2007
Amended
Clause 22 Provides that the definition of "compensable
patient" includes a person that has received, or
established a right to receive, payment for care
and treatment by way of compensation claim
under the Asbestos Related Diseases
(Occupational Exposure) Compensation Act 2011.
Part 10 Health Act 1997 Amended
Clause 24 Provides that the fee payable for hospital
services, provided to a person whose fees and
charges are being funded by the Asbestos
Compensation Commissioner, is the amount
agreed from time to time by the Minister for
Health and the Asbestos Compensation
Commissioner.
Part 11 Health Complaints Act 1995 Amended
Clause 29 Services are not deemed to be health services
if they relate to an application made to the
Asbestos Compensation Commissioner or the
Asbestos Compensation Tribunal.
Part 12 Industrial Relations Act 1984 Amended
Clause 31 The Commissioner is deemed to be a worker
for the purposes of the Asbestos Related
Diseases (Occupational Exposure) Compensation
Act 2011.
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Part 13 Local Government Act 1993 Amended
Clause 33 Electoral Officers are deemed to be workers
within the meaning of the Asbestos Related
Diseases (Occupational Exposure) Compensation
Act 2011.
Part 14 Long Service Leave (Casual Wharf
Employees) Act 1982 Amended
Clause 35 The definition of "workers compensation" is
amended to include compensation payable
under the Asbestos Related Diseases
(Occupational Exposure) Compensation Act 2011.
Part 15 Long Service Leave Act 1976 Amended
Clause 37 The definition of "workers compensation" is
amended to include compensation payable
under the Asbestos Related Diseases
(Occupational Exposure) Compensation Act 2011.
Part 16 Magistrates Court Act 1987 Amended
Clause 39 Magistrates are deemed to be a worker for the
purposes of the Asbestos Related Diseases
(Occupational Exposure) Compensation Act 2011.
Part 17 Motor Accidents (Liabilities and
Compensation) Act 1973 Amended
Clause 41 Excludes the Motor Accidents Insurance Board
from liability for an asbestos-related disease
which is compensable under the Asbestos
Related Diseases (Occupational Exposure)
Compensation Act 2011, at Common Law.
Clause 42 Excludes the Motor Accidents Insurance Board
from liability for an asbestos-related disease
which is compensable under the Asbestos
Related Diseases (Occupational Exposure)
Compensation Act 2011, under scheduled
benefits.
Part 18 Retirement Benefits Regulations 2005
Amended
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Clause 44 Provides that if an invalidity pensioner is in
receipt of regular weekly payments under the
Asbestos Related Diseases (Occupational Exposure)
Compensation Act 2011, and the combined
payments of the invalidity pension and weekly
payments exceed the salary received, or taken
by the Board to have been received, in the
previous 12 months, the Board may suspend
the pension payable or reduce the amount of
that pension.
Part 19 Sentencing Act 1997 Amended
Clause 46 Provides that an offender discharging a
community service order is taken to be a
worker for the purposes of the Asbestos Related
Diseases (Occupational Exposure) Compensation
Act 2011. However, they are not taken to be a
worker in relation to weekly payments, if they
only have an entitlement to weekly payments
due to 36A(1) of the Sentencing Act.
Part 20 Solicitor-General Act 1983 Amended
Clause 48 The Solicitor-General is deemed to be a
worker for the purposes of the Asbestos Related
Diseases (Occupational Exposure) Compensation
Act 2011.
Part 21 Workers Rehabilitation and
Compensation Act 1988 Amended
Clause 50 Asbestos Related Diseases are removed from
the definition of "injury" under that Act.
However, an employer's workers'
compensation insurance will still cover them in
the event of action being taken against them at
common law for an asbestos claim.
Clause 51 The WorkCover Tasmania Board has the
power to revoke or suspend the accreditation
of a medical practitioner, if that person has
failed to comply with the provisions of this Act
or the Asbestos Related Diseases (Occupational
Exposure) Compensation Act 2011, or any
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regulations, guidelines, rules of practice, or
procedures made under both Acts. They can
also suspend a person if they have been
convicted of an offence against either Act.
Clause 52 A person who is currently receiving
compensation under the Workers
Rehabilitation and Compensation Act for an
asbestos related disease will continue to do so.
Clause 53 Asbestosis and Mesothelioma are removed
from Schedule 4 (Diseases in Respect Which
There is Presumption of Cause).
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