Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
11Meaning of "evidence of a person's occupational history"
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11 Meaning of "evidence of a person's occupational history"
(1) In this section –
relevant exposure period, in relation to a person, means a period, during a relevant employment period, in which it is reasonably likely that the person was exposed to asbestos in the course of employment as a worker.
(2) For the purposes of this Act, evidence of a person's occupational history means evidence of any of the following:
(a) the employment of the person in a workplace during a relevant employment period in which a relevant exposure period occurred;
(b) a relevant exposure period;
(c) the employment of the person in a workplace during a relevant exposure period;
(d) the type of work performed by the person at the workplace during a relevant exposure period;
(e) the product name of the asbestos to which it is alleged the person may have been exposed during a relevant exposure period.
(3) Without limiting the evidence that may be provided in respect of a person's occupational history, the following are evidence of a person's occupational history:
(a) pay slips, group certificates, or other documents, evidencing employment of the person during a relevant employment period and a relevant exposure period;
(b) statements of witnesses in relation to –
(i) employment, as a worker, of the person at a workplace during a relevant employment period or a relevant exposure period; or
(ii) the possible exposure of the person to asbestos at that workplace while so employed during a relevant exposure period;
(c) evidence of the person being a member of a trade union during a relevant exposure period, or holding a licence, qualification or other authority to engage in a trade or occupation during a relevant exposure period;
(d) statutory declarations or affidavits, sworn by the person, or another person, as to employment by the first-mentioned person in an occupation during a relevant exposure period.