{"id":"tas:sr-2021-081","name":"Asbestos-Related Diseases (Occupational Exposure) Compensation Regulations 2021","slug":"asbestos-related-diseases-occupational-exposure-compensation-regulations-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"81 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182372,"registerId":"tas-tas:sr-2021-081-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Asbestos-Related Diseases (Occupational Exposure) Compensation Regulations 2021](/view/html/inforce/2026-04-12/sr-2021-081) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 26 October 2021.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011](/view/html/inforce/2026-04-12/act-2011-029) ;\n> \n> > ***application*** means any application made to the Commissioner or the Tribunal under the Act;\n> \n> > ***document*** includes –\n> > \n> > > > (a) a copy of a document; and\n> > > \n> > > > (b) an audio tape or soundtrack or compact disc; and\n> > > \n> > > > (c) a computer program or software and any other information recorded in or processed by a computer; and\n> > > \n> > > > (d) a film, photograph, videotape or cinematographic film;\n> \n> > ***inspect*** includes the following, with or without the aid of equipment:\n> > \n> > > > (a) view data or visual images embodied in any device;\n> > > \n> > > > (b) listen to sounds embodied in any device;\n> > > \n> > > > (c) reproduce sounds, data or visual images embodied in any device;\n> \n> > ***proof of evidence*** means a written statement containing the substance of an expert witness's evidence;\n> \n> > ***property*** includes real and personal property.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Prescribed Amounts","content":"# Part 2 Prescribed Amounts","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Age-related units of compensation","content":"### 4 Age-related units of compensation\n\n> > (1)  For the purposes of [section 72(2)(b)](/view/html/inforce/2026-04-12/act-2011-029#GS72@Gs2@Hpb@EN) of the Act, the number of compensation units, for a person who is, on the commencement day, of an age specified in column 2 in [Schedule 1](#JS1@EN) , is the number specified opposite in column 3 of that Schedule.\n> \n> > (2)  For the purposes of [section 72(4)(b)](/view/html/inforce/2026-04-12/act-2011-029#GS72@Gs4@Hpb@EN) of the Act, the number of compensation units, for a person who is, on the day referred to in that provision, of an age specified in column 2 in [Schedule 1](#JS1@EN) , is the number specified opposite in column 3 of that Schedule.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Maximum funeral expenses amount","content":"### 5 Maximum funeral expenses amount\n\n> For the purposes of [section 117](/view/html/inforce/2026-04-12/act-2011-029#GS117@EN) of the Act, the amount prescribed is the amount obtained by multiplying the basic salary by 14.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Maximum travelling expenses amount","content":"### 6 Maximum travelling expenses amount\n\n> For the purposes of [section 120(1)(b)](/view/html/inforce/2026-04-12/act-2011-029#GS120@Gs1@Hpb@EN) of the Act, the prescribed amount is an amount at the same rate and on the same terms as is prescribed from time to time for the equivalent travelling expenses in clause 3 of Part IV of the Tasmanian State Service Award made under the [Industrial Relations Act 1984](/view/html/inforce/2026-04-12/act-1984-021) by the Tasmanian Industrial Commission constituted under [section 5](/view/html/inforce/2026-04-12/act-1984-021#GS5@EN) of that Act.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Practice and Procedure of Tribunal","content":"# Part 3 Practice and Procedure of Tribunal","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Delay","content":"### 7 Delay\n\n> > (1)  If the Tribunal considers that the conduct of an application has been unduly delayed, the Tribunal, by giving notice to the parties, may make any of the following orders:\n> > \n> > > > (a) an order fixing the date on which a hearing before the Tribunal is to occur;\n> > > \n> > > > (b) an order fixing a timetable for the completion of any proposed action by the parties and any consequential order if a person fails to comply with that timetable;\n> > > \n> > > > (c) any other order it considers appropriate.\n> \n> > (2)  In determining whether or not the conduct of an application has been unduly delayed, the Tribunal is to have regard to any time limits fixed by these regulations or the Act.\n> \n> > (3)  Any party may request that the Tribunal make an order under [subregulation (1)](#GS7@Gs1@EN) .","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Discontinuation of application","content":"### 8 Discontinuation of application\n\n> A party may discontinue an application by giving notice in writing to –\n> \n> > > (a) the Tribunal; and\n> > \n> > > (b) all other parties.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Discovery","content":"### 9 Discovery\n\n> > (1)  A party, by notice in writing served on any other party, may request –\n> > \n> > > > (a) discovery of any document or property that is relevant to the issues in dispute in any application; and\n> > > \n> > > > (b) a list of all documents discoverable under [paragraph (a)](#GS9@Gs1@Hpa@EN) ; and\n> > > \n> > > > (c) disclosure of the location of those documents.\n> \n> > (2)  A party on whom a notice is served under [subregulation (1)](#GS9@Gs1@EN) is to comply with the notice within 10 business days after the date of service of the notice or within any other period agreed to by the parties.\n> \n> > (3)  The Tribunal may order a party who has not complied with [subregulation (2)](#GS9@Gs2@EN) to make discovery under [subregulation (1)](#GS9@Gs1@EN) within any period that the Tribunal considers appropriate.\n> \n> > (4)  If further documents that are discoverable under [subregulation (1)(a)](#GS9@Gs1@Hpa@EN) come into the possession, custody or control of a party who has already made discovery, that party is to make further discovery as soon as practicable.\n> \n> > (5)  Any document in respect of which privilege is claimed under any law is exempt from discovery.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Inspection of discovered documents","content":"### 10 Inspection of discovered documents\n\n> > (1)  A party, by notice in writing served on any other party, may request inspection of any discovered document in the possession, custody or control of that other party.\n> \n> > (2)  A party on whom a notice is served under [subregulation (1)](#GS10@Gs1@EN) is to provide, within 10 business days after the date of service of the notice or within any other period agreed to by the parties, a date, time and place for the inspection of the relevant document.\n> \n> > (3)  The Tribunal may order a party who has not complied with [subregulation (2)](#GS10@Gs2@EN) to provide a date, time and place for the inspection of the relevant documents within any period that the Tribunal considers appropriate.\n> \n> > (4)  A notice under this regulation may be made in combination with a notice under [regulation 9](#GS9@EN) .","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Inspection of property","content":"### 11 Inspection of property\n\n> On the application of any party, the Tribunal may make an order for the inspection of any property in the possession, custody or control of a party that is relevant to the issues in dispute in any application or as to which any question may arise.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Limitation of use of certain documents as evidence","content":"### 12 Limitation of use of certain documents as evidence\n\n> > (1)  A plan, model, film, audio tape, disk, soundtrack or other device in which sounds, data or visual images are embodied is not receivable at a hearing of the Tribunal unless –\n> > \n> > > > (a) the parties agree, without further proof, after having been given an opportunity to inspect it –\n> > > > \n> > > > > > (i) before the hearing at a time fixed by the Tribunal; or\n> > > > > \n> > > > > > (ii) if no time is fixed by the Tribunal, within a reasonable period before the hearing begins; or\n> > > \n> > > > (b) the Tribunal, at or before the hearing, otherwise orders.\n> \n> > (2)  A party, without notice to any other party, may apply to the Tribunal for an order for evidence of a plan, model, film, audio tape, disk, soundtrack or other device referred to in [subregulation (1)](#GS12@Gs1@EN) to be received at the hearing without prior disclosure to any other party.\n> \n> > (3)  An application under [subregulation (2)](#GS12@Gs2@EN) is to be made before the hearing.\n> \n> > (4)  The Tribunal, after receiving an application under [subregulation (2)](#GS12@Gs2@EN) , may –\n> > \n> > > > (a) make the order; or\n> > > \n> > > > (b) refuse to make the order; or\n> > > \n> > > > (c) direct that the application be served on another party before making an order under [paragraph (a)](#GS12@Gs4@Hpa@EN) or [(b)](#GS12@Gs4@Hpb@EN) .","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Witness not required to attend hearing","content":"### 13 Witness not required to attend hearing\n\n> > (1)  Subject to regulation 16, a witness is not required to attend a hearing of the Tribunal if –\n> > \n> > > > (a) the party calling the witness serves an affidavit of the witness or, in the case of an expert witness, a proof of evidence, on the other parties not less than 10 business days before the date fixed for the hearing; and\n> > > \n> > > > (b) within 5 business days after the affidavit or proof of evidence is served, another party has not objected to the use of the affidavit or proof of evidence at the hearing.\n> \n> > (2)  An objection under [subregulation (1)(b)](#GS13@Gs1@Hpb@EN) is to be –\n> > \n> > > > (a) in writing; and\n> > > \n> > > > (b) served on the other parties.\n> \n> > (3)  An affidavit or proof of evidence served under [subregulation (1)](#GS13@Gs1@EN) is receivable at the hearing if an objection has not been made under [subregulation (1)(b)](#GS13@Gs1@Hpb@EN) .","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Interrogatories","content":"### 14 Interrogatories\n\n> > (1)  A party is not to interrogate any other party except with the leave of the Tribunal.\n> \n> > (2)  The Tribunal may only grant leave to interrogate if, in the opinion of the Tribunal, an interrogatory is likely to –\n> > \n> > > > (a) narrow the issues in dispute; or\n> > > \n> > > > (b) shorten the proceedings.\n> \n> > (3)  A party is to answer an interrogatory by affidavit.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Orders against non-parties","content":"### 15 Orders against non-parties\n\n> > (1)  The Tribunal may make any or all of the following orders against a person who is not a party to an application:\n> > \n> > > > (a) an order for inspection of a document that is relevant to the issues in dispute in any application;\n> > > \n> > > > (b) an order authorising the observation or recording of, or the taking of a sample of or from, any property that is relevant to the issues in dispute in any application;\n> > > \n> > > > (c) an order that a person make discovery of any document or property that –\n> > > > \n> > > > > > (i) is relevant to the issues in dispute in any application; and\n> > > > > \n> > > > > > (ii) is or has been in the possession, custody or power of that person;\n> > > \n> > > > (d) an order that a person answer on oath any interrogatory that is relevant to the issues in dispute in any application.\n> \n> > (2)  An order under [subregulation (1)](#GS15@Gs1@EN) may be general or limited to a certain class of documents or property.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Witness required to attend hearing","content":"### 16 Witness required to attend hearing\n\n> > (1)  A party who is served with an affidavit or proof of evidence under [regulation 13(1)(a)](#GS13@Gs1@Hpa@EN) and who has not objected under [regulation 13(1)(b)](#GS13@Gs1@Hpb@EN) may, within 5 business days after that service, request the person who made the affidavit or proof of evidence to attend at a hearing for the purpose of cross-examination.\n> \n> > (2)  A request under [subregulation (1)](#GS16@Gs1@EN) is to be –\n> > \n> > > > (a) in writing; and\n> > > \n> > > > (b) served on the other parties.","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Matters to be proved by interstate person who is to continue to receive weekly payments","content":"### 17 Matters to be proved by interstate person who is to continue to receive weekly payments\n\n> > (1)  For the purposes of [section 89](/view/html/inforce/2026-04-12/act-2011-029#GS89@EN) of the Act, the address and identity of a person to whom that section applies is to be proved by declaration made before a person with authority to administer oaths in the place where the declaration is made.\n> \n> > (2)  For the purposes of [section 89](/view/html/inforce/2026-04-12/act-2011-029#GS89@EN) of the Act, the degree of incapacity of a person to whom that section applies is to be proved by providing a declaration or certificate by a medical practitioner.\n> \n> > (3)  For the purposes of [section 89](/view/html/inforce/2026-04-12/act-2011-029#GS89@EN) of the Act, the prescribed interval at which a worker is to prove the matters in that section is an interval of not less than 12 months and not more than 13 months.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Investment by Public Trustee","content":"### 18 Investment by Public Trustee\n\n> For the purposes of [section 101](/view/html/inforce/2026-04-12/act-2011-029#GS101@EN) of the Act, money paid to the Public Trustee under that Act is to be invested, applied or otherwise dealt with by the Public Trustee in accordance with the provisions of the [Public Trustee Act 1930](/view/html/inforce/2026-04-12/act-1930-061) .","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Declaration of provisions of certain laws to be about damages for work-related injuries","content":"### 19 Declaration of provisions of certain laws to be about damages for work-related injuries\n\n> For the purposes of the definition of *a State's legislation about damages for a work-related injury* in [section 115(1)](/view/html/inforce/2026-04-12/act-2011-029#GS115@Gs1@EN) of the Act, each of the following laws of a State is declared to be, in relation to the State of which it is a law, the State's legislation about damages for a work-related injury:\n> \n> > > (a) *Workers Compensation Act 1951* of the Australian Capital Territory;\n> > \n> > > (b) *Workers Compensation Act 1987* of New South Wales;\n> > \n> > > (c) *Workplace Injury Management and Workers Compensation Act 1998* of New South Wales;\n> > \n> > > (d) *Return to Work Act 1986* of the Northern Territory;\n> > \n> > > (e) *Workers' Compensation and Rehabilitation Act 2003* of Queensland;\n> > \n> > > (f) *Return to Work Act 2014* of South Australia;\n> > \n> > > (g) *Accident Compensation Act 1985* of Victoria;\n> > \n> > > (h) *Workplace Injury Rehabilitation and Compensation Act 2013* of Victoria;\n> > \n> > > (i) *Workers’ Compensation and Injury Management Act 1981* of Western Australia.","sortOrder":22},{"sectionNumber":"SCHEDULE 1 - Age-related payme","sectionType":"part","heading":"SCHEDULE 1 - Age-related payments","content":"# SCHEDULE 1 - Age-related payme SCHEDULE 1 - Age-related payments\n\n[Regulation 4](#GS4@EN)\n\n| Column 1 | Column 2 | Column 3 |\n| Item | Age | Number of units |\n| 1. | 65 years or younger | 360 |\n| 2. | 66 years | 323 |\n| 3. | 67 years | 291 |\n| 4. | 68 years | 262 |\n| 5. | 69 years | 236 |\n| 6. | 70 years | 212 |\n| 7. | 71 years | 191 |\n| 8. | 72 years | 172 |\n| 9. | 73 years | 155 |\n| 10. | 74 years | 139 |\n| 11. | 75 years | 126 |\n| 12. | 76 years | 113 |\n| 13. | 77 years | 102 |\n| 14. | 78 years | 92 |\n| 15. | 79 years | 83 |\n| 16. | 80 years or older | nil |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 20 October 2021\n\nThese regulations are administered in the Department of Justice.","sortOrder":23}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available material, the regulations appear to remain focused on their original purpose: providing procedural rules for administering occupational asbestos-related disease compensation claims in Tasmania. No scope expansion or contraction is evident from the metadata provided."},"complexity_factors":["Operates as subordinate legislation (regulations) under a parent Act, requiring understanding of both documents together","Involves medical, legal, and administrative dimensions simultaneously","Asbestos disease claims often involve long latency periods, making causation and liability assessment technically complex","Interaction with workers' compensation, insurance, and potentially common law claims adds layering","Source material provided was largely metadata/administrative information rather than full regulatory text, limiting full analysis","Jurisdictionally specific to Tasmania, which may differ from other Australian states' asbestos compensation schemes"],"plain_english_summary":"These Tasmanian regulations implement the compensation scheme under the Asbestos-Related Diseases (Occupational Exposure) Act, setting out the procedural and technical rules for workers (or their families) to claim compensation for asbestos-related illnesses and for employers/insurers to respond.\n\nThey matter because asbestos diseases often emerge decades later, so the regulations ensure accessible claims processes, time limits, assessment methods and administrative steps to help affected workers and surviving relatives obtain compensation."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original intent as procedural and administrative support for the 2011 Act. The scope covers: (1) prescribed amounts and calculations, (2) Tribunal practice and procedure, and (3) miscellaneous administrative matters. These are standard regulatory functions for subordinate legislation of this type. There is no evidence of scope creep into substantive policy areas beyond what would be expected for regulations supporting a compensation scheme."},"complexity_factors":["Moderate cross-referencing to the parent Act (Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011) — most substantive provisions require reference back to the Act to understand full context","6 defined terms in interpretation section, but several are broad definitional expansions (e.g., 'document' includes 4 sub-categories; 'inspect' includes 3 activities)","Nested conditional logic in procedural rules — e.g., regulation 13 has multiple time limits (10 business days, 5 business days) with interdependent conditions for witness attendance","Incorporation by reference of external instruments — regulation 6 imports Tasmanian State Service Award rates; regulation 19 imports 9 separate state and territory workers compensation statutes","Schedule 1 contains a straightforward age-to-units table (16 rows) with linear reduction formula","No exceptions to exceptions or deeply nested subsections — structure is relatively flat with maximum 4 subregulation levels"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical details for how Tasmania's asbestos compensation scheme operates. They work alongside the main Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 to fill in the \"how-to\" gaps that Acts typically leave for regulations.\n\n**Key things covered:**\n\n- **Money matters:** Sets out exactly how much compensation people get based on their age (using a \"units\" system where younger people get more units — 360 units if you're 65 or under, down to zero if you're 80 or older). Also caps funeral expenses at 14 times the \"basic salary\" and links travel expenses to Tasmanian public service rates.\n\n- **Tribunal procedures:** Establishes the rules for how disputes are handled by the Asbestos-Related Diseases Tribunal, including:\n  - How parties can force each other to hand over documents (\"discovery\")\n  - How to inspect documents and property\n  - When witnesses can give written statements instead of appearing in person\n  - How to handle delays in cases\n  - When the Tribunal can order non-parties (people not directly involved in the case) to provide evidence\n\n- **Interstate workers:** Sets out how people living outside Tasmania prove they're still entitled to ongoing weekly payments — they need a declaration about their identity/address and a medical certificate about their condition, provided every 12-13 months.\n\n- **Investments:** Directs the Public Trustee how to handle money paid under the scheme.\n\n- **Cross-border issues:** Lists which workers compensation laws from other Australian states and territories count as \"work-related injury\" laws for the purposes of this scheme.\n\n**Who it affects:**\n\n- Tasmanian workers (or their families) with asbestos-related diseases from workplace exposure\n- Employers and insurers defending claims\n- The Asbestos-Related Diseases Tribunal\n- The Public Trustee managing compensation funds\n- Interstate residents receiving ongoing Tasmanian asbestos compensation\n\n**Why it matters:**\n\nAsbestos diseases often take decades to appear, and claims can be complex. These regulations ensure there's a clear, fair process for resolving disputes while keeping costs reasonable. The age-based compensation scale recognises that younger people who get these diseases lose more years of earning capacity. The procedural rules aim to keep the Tribunal process efficient — important for people who may be seriously ill."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations do not alter the Act's substantive eligibility or compensatory framework; they prescribe amounts, timelines and procedural/evidentiary rules to implement the Act (notably regs 4–6, 7–16, 17–19). They also direct investment of received monies by the Public Trustee (reg 18) and declare certain State laws as relevant for damages (reg 19)."},"complexity_factors":["Frequent cross-references to the parent Act and external laws (Act, Public Trustee Act 1930, Tasmanian State Service Award) increasing interpretive steps (regs 3, 6, 18, 19).","Numeric schedule mapping ages to compensation units requires arithmetic application and age-differentiated outcomes (reg 4 & Schedule 1).","Multiple procedural timelines and notice periods for discovery, inspection and affidavit use create procedural compliance burden (regs 9–13, 16).","Broad Tribunal discretion to set timetables, fix hearings and order non-party discovery/inspection creates variability in outcomes (regs 7, 11, 15).","Evidentiary limits on media devices and provisions for proofs of expert evidence add technical rules for admissibility (regs 12–13)."],"plain_english_summary":"These regulations operationalise the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 by prescribing numerical and procedural details: age-based compensation units (reg 4 & Sch 1), maximum funeral and travel amounts (regs 5–6), Tribunal practice and evidence rules (regs 7–16), and proof, investment and interstate law declarations (regs 17–19).\n\nThey identify who decides (the Tribunal: regs 7, 9, 15), who pays or invests funds (claimants, insurers and the Public Trustee: reg 18), set compliance timelines for discovery and affidavits (regs 9–13), and give the Tribunal discretionary ordering power (regs 7, 15)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/asbestos-related-diseases-occupational-exposure-compensation-regulations-2021","history":"/api/acts/asbestos-related-diseases-occupational-exposure-compensation-regulations-2021/history","analysis":"/api/acts/asbestos-related-diseases-occupational-exposure-compensation-regulations-2021/analysis","conflicts":"/api/acts/asbestos-related-diseases-occupational-exposure-compensation-regulations-2021/conflicts","importantCases":"/api/acts/asbestos-related-diseases-occupational-exposure-compensation-regulations-2021/important-cases","documents":"/api/acts/asbestos-related-diseases-occupational-exposure-compensation-regulations-2021/documents"}}