General Referral - Section 124

A person who has made an application for compensation may refer a determination of the Asbestos Compensation Commissioner to the Tribunal. A referral to the Tribunal must be made within 40 business days after the person receives notice of the determination.

Lump Sums - Section 125

A person who has made an application for a lump sum under section 74 (person with impairment of 26% or more but less than 51%) or section 76 person with impairment of 51% or more) may refer a determination of the Asbestos Compensation Commissioner to the Tribunal.

Payment of Expenses - Section 126

A compensable person, a member of the family of a compensable person or the Asbestos Compensation Commissioner may refer to the Tribunal a question in relation to;

• whether the Asbestos Compensation Commissioner is required to pay any or all of an expense
• whether the services to which an expense relates were required by the person in respect to an asbestos-related disease or were necessarily incurred
• whether the amount of the claim for an expense is reasonable
• the period for which constant attendance services are to be provided

Apportionment between family members - Section 127

A person who is of the opinion they are a member of the family of a person who has a compensable disease may refer to the Tribunal the question of:

• who are members of the family
• the apportionment of any lump sum the person who has a compensable disease is entitled to

A person who makes a reference under section 127 must within 10 business days take all reasonable steps to notify each member, if any, of the family.

Determination of State of Connection - Section 27

If the question of whether Tasmania is the State of Connection the Asbestos Compensation Commissioner or the Tribunal must determine that question in accordance with section 26 of the Act.

Extension of time to make an application for compensation - Section 40

A person who has applied to the Asbestos Compensation Commissioner for an extension of time to make an application for compensation and is dissatisfied with that decision may make an application to the Tribunal.

Refusal of person to assist medical professional -Section 57

A medical professional is to advise the Asbestos Compensation Commissioner where a person:

• unreasonably refuses or fails to attend an examination for which they have had at least 5 business days notice;
• refuses or fails to undergo an examination or test;
• obstructs an examination or test;
• unreasonably failes or refuses to answer questions asked by a medical professional;
• unreasonably refuses or fails to produce relevant documents or consents to the production of documents

The Asbestos Compensation Commissioner must then refer the person's failure, refusal or obstruction to the Tribunal.

The Tribunal may suspend the rights of the person or suspend the rights of the person or a family member to have expenses paid (see section 58).

When weekly payments may be terminated or reduced - Section 91

The Asbestos Compensation Commissioner may only terminate or reduce a weekly payment being made to a person if;

• the payment is in respect of total incapacity and the person has returned to work;
• the person is receiving weekly earnings in excess of the amount of the weekly payment determined;
• a medical practitioner has provided a medical certificate certifying that the person has wholly or substantially recovered from the effects of the asbestos-related disease; or
• the person's incapacity is no longer due, wholly or substantially to that disease

A Medical Practitioner's certificate must specify the grounds upon which the opinion expressed in it is given.

If the Asbestos Compensation Commissioner intends to terminate or reduce a weekly payemtn he/she must serve on the person a notice of his/her intention together with a copy of any supporting evidence. The notice must advise the person of the Asbestos Compensation Commissioner's intent to terminate or reduce a payment at the expiration of 10 business days from the date of service of the notice.

The notice must contain a statement informing the person of their right to refer the matter to the Tribunal for determination and advise that the referral must be made within 40 business days from the date on which the person's weekly payments were reduced or terminated.

When weekly payments cease ie pensionable age - Section 93

"Pension age" means the date on which a person attains the pension age, within the meaning of the Social Security Act 1991 of the Commonwealth.

An entitlement of a person ceases if the application is made before the date on which the person attains the pension age. If the application is made on or after the date of the person attaining pension age it ceases 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 that person to continue in that employment beyond the pension age, the person may refer to the Tribunal for determination, the question as to whether weekly payments should continue.

The Tribunal may determine that weekly payments should continue if it is satisfied that;

• the terms of the person's employment would have entitled them to continue in that employment beyond the pension age; and
• the person but for the asbestos-related disease, intended to continue in that employment beyond the pension age; and
• the incapacity of the person resulting from that disease will continue beyond the date on which they attain the pension age

If the Tribunal determines that weekly payments may be continued it must determine the period for which they are to be continued.

Refusal of Commissioner to pay weekly benefits - Section 94

A person who has made a claim and in an instance where the Asbestos Compensation Commissioner has determined that the person is entitled to compensation and who is aggrieved by a decision of the Commissioner that weekly payments not be made may refer the matter to the Tribunal.

Amount of weekly payments -Section 95

If a person to whom weekly payments are payable, or the Asbestos Compensation Commissioner, is of the opinion that the amount of those payments is insufficient or excessive they may refer the matter to the Tribunal.

The Tribunal will have regard to:-

• the current weekly earnings of another worker who is of a similar grade or classification and is employed by the same employer in similar work;
• the earnings the person might have reasonably earned during the period of incapacity if they had continued in that employment

The Tribunal is to have regard to the principle that a person should not receive, during a period of incapacity, weekly payments greater than the payments the person would have received if they had worked in their usual employment during that period.