Asbestos-Related Diseases (Occupational Exposure) Compensation (Consequential Amendments) Act 2011
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
[Royal Assent 4 October 2011]
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
This Act may be cited as the Asbestos-Related Diseases (Occupational Exposure) Compensation (Consequential Amendments) Act 2011 .
This Act commences on the day on which section 29 of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 commences.
PART 2 - Ambulance Service Act 1982 Amended
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 ,".
PART 3 - Appeal Costs Fund Act 1968 Amended
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 –(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.
PART 4 - Civil Liability Act 2002 Amended
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 2011 " after " Workers Rehabilitation and Compensation Act 1988 " in paragraph (a) of the definition of volunteer .
PART 5 - Civil Process Act 1985 Amended
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
PART 6 - Director of Public Prosecutions Act 1973 Amended
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 ".
PART 7 - Evidence (Audio and Audio Visual Links) Regulations 2008 Amended
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;
PART 8 - Fire Service Act 1979 Amended
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 ".
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 ".
PART 9 - Health (Fees) Regulations 2007 Amended
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
PART 10 - Health Act 1997 Amended
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.
PART 11 - Health Complaints Act 1995 Amended
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) ".
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 Services1. 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 .
PART 12 - Industrial Relations Act 1984 Amended
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
PART 13 - Local Government Act 1993 Amended
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 ".
PART 14 - Long Service Leave (Casual Wharf Employees) Act 1982 Amended
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 .
PART 15 - Long Service Leave Act 1976 Amended
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
PART 16 - Magistrates Court Act 1987 Amended
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 ".
PART 17 - Motor Accidents (Liabilities and Compensation) Act 1973 Amended
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.
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;
PART 18 - Retirement Benefits Regulations 2005 Amended
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 –and the combined payments of the invalidity pension and those workers compensation payments or regular weekly payments exceed the salary received, or taken by the Board to have been received, in the previous 12 months –(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 –
PART 19 - Sentencing Act 1997 Amended
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 of section 84(3) of that Act by reason only of the application of subsection (1) of this section.
PART 20 - Solicitor-General Act 1983 Amended
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 ".
PART 21 - Workers Rehabilitation and Compensation Act 1988 Amended
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 –but does not, except for the purposes of section 97(1)(b) and (c) , include an asbestos-related disease within the meaning of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ;(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 –
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".
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.
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 of the mesothelium (diffuse mesothelioma) of the pleura or of the peritoneum.
Any work involving exposure to inhalation of asbestos fibres.
PART 22 - Concluding Provisions
This Act is repealed on the ninetieth day from the day on which it commences.
[Second reading presentation speech made in:
House of Assembly on 7 JULY 2011
Legislative Council on 1 SEPTEMBER 2011]