Please note: This is an extract from Hansard only. Hansard extracts are reproduced with permission from the Parliament of Tasmania.

SECOND READING SPEECH

Asbestos Related Diseases (Occupational Exposure)

Compensation (Consequential Amendments) Bill 2011

Mr Speaker, I move that the Bill now be read for a second time.

Mr Speaker, the purpose of this Bill is make amendments to

certain legislation to ensure the Asbestos Related Diseases

(Occupational Exposure) Compensation Act works effectively.

The Industrial Relations Act 1994, Local Government Act 1993,

Magistrates Court Act 1987, Director of Public Prosecutions Act 1973,

and the Solicitor General Act 1983, are amended in order to deem

particular persons as workers for the purposes of the Asbestos

Related Diseases (Occupational Exposure) Compensation Act.

The Ambulance Service Act 1982 is amended to provide 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.

In addition, the Director under that Act is deemed to be the

employer of certain persons including ambulance officers and

State Service employees.

The Appeal Cost Fund Act 1968 is amended to provide 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 that Act 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 statement received by it and pay to

the Registrar the prescribed amount.

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The Civil Liability Act 2002 is amended to ensure that Act does not

apply to liability for compensation under the Asbestos Related

Diseases (Occupational Exposure) Compensation Act. The

amendments also deem that 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.

The Civil Process Act 1985 is amended to ensure nothing in that

Act applies to procedure or practices in the Asbestos Related

Diseases (Occupational Exposure) Compensation Act.

The Evidence (Audio and Audio Visual Links) Regulations 2008 are

amended to include 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.

The Fire Service Act 1979 is amended so if 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. The amendments also

ensure that the State Fire Commission is deemed to be the

employer of all persons appointed or employed under the Fire

Service Act.

The Health Act 1997 is amended to provide 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.

The Health (Fees) Regulations 2007 are amended to ensure 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.

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Schedule 1 of the Health Complaints Act 1995 is amended so

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.

The definition of “workers’ compensation” under the Long Service

Leave (Casual Wharf Employees) Act 1982 and the Long Service Leave

Act 1976, is amended to include compensation payable under the

Asbestos Related Diseases (Occupational Exposure) Compensation Act.

The Motor Accidents (Liabilities and Compensation) Act 1973 is

amended to exclude the Motor Accidents Insurance Board from

liability for an asbestos-related disease which is compensable

under the Asbestos Related Diseases (Occupational Exposure)

Compensation Act.

The Retirement Benefits Regulations 2005 is amended to provide

that if an invalidity pensioner is in receipt of regular weekly

payments under the Asbestos Related Diseases (Occupational

Exposure) Compensation Act, 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.

The Sentencing Act 1997 is amended to provide 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.

The Workers Rehabilitation and Compensation Act 1988 is amended

to remove asbestos related diseases from that Act. The

amendments also provide that an employer’s workers’

compensation insurance will cover them in the event of action

being taken against them at common law for an asbestos claim.

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In addition, amendments have been made that mean a person who

is currently receiving compensation under the Workers

Rehabilitation and Compensation Act for an asbestos disease will

continue to do so. If they then develop a different asbestos

related disease, they will be entitled under the Asbestos Related

Diseases (Occupational Exposure) Compensation Act for that disease.

This consequential amendment Bill is necessary to ensure the

smooth introduction of the Asbestos Related Diseases (Occupational

Exposure) Compensation Act.

I commend this Bill to the House.