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 deemparticular persons as workers for the purposes of the
AsbestosRelated Diseases (Occupational Exposure) Compensation Act
.The
Ambulance Service Act 1982 is amended to provide that whereservices 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 RelatedDiseases (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 theRegistrar 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 notapply to liability for compensation under the
Asbestos RelatedDiseases (Occupational Exposure) Compensation Act
. Theamendments 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 thatAct applies to procedure or practices in the
Asbestos RelatedDiseases (Occupational Exposure) Compensation Act
.The
Evidence (Audio and Audio Visual Links) Regulations 2008 areamended 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 causestheir 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 alsoensure 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 payablefor 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 thatthe 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
AsbestosRelated Diseases (Occupational Exposure) Compensation Act.
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Schedule 1 of the
Health Complaints Act 1995 is amended soservices 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 ServiceLeave (Casual Wharf Employees) Act 1982
and the Long Service LeaveAct 1976,
is amended to include compensation payable under theAsbestos Related Diseases (Occupational Exposure) Compensation Act.
The
Motor Accidents (Liabilities and Compensation) Act 1973 isamended 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 providethat if an invalidity pensioner is in receipt of regular weekly
payments under the
Asbestos Related Diseases (OccupationalExposure) Compensation Act,
and the combined payments of theinvalidity 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 offenderdischarging a community service order is taken to be a worker for
the purposes of the
Asbestos Related Diseases (OccupationalExposure) Compensation Act
.The
Workers Rehabilitation and Compensation Act 1988 is amendedto 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 RelatedDiseases (Occupational Exposure) Compensation Act
for that disease.This consequential amendment Bill is necessary to ensure the
smooth introduction of the
Asbestos Related Diseases (OccupationalExposure) Compensation Act
.I commend this Bill to the House.