Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
118Medical, &c., expenses payable for imminently fatal disease
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118 Medical, &c., expenses payable for imminently fatal disease
[Section 118 Substituted by No. 12 of 2024, s. 6, Applied:05 Sep 2024]
(1) Subject to subsection (2) , the reasonable expenses necessarily incurred by, or in respect of, a compensable person are payable by the Commissioner, up to a total amount of 125 expenses units, if –
(a) the Commissioner has made a determination under this Act that the person has an imminently fatal asbestos-related disease; and
(b) the reasonable expenses were incurred –
(i) for medical services provided to the person, whether before or after the determination was made; and
(ii) for other compensable services provided to the person after the determination was made; and
(iii) for support services provided to a relevant family member of the person; and
(c) those services were required by the person, or relevant family member, as a result of the person having an imminently fatal asbestos-related disease.
(2) In addition to the 125 expenses units referred to in subsection (1) , the Commissioner may pay up to 15 expenses units for the reasonable expenses necessarily incurred by a compensable person for medical services if –
(a) the person's application for compensation has been determined under section 70(1)(a) ; and
(b) the medical services were required as a result of the person –
(i) having an asbestos-related disease; or
(ii) making an application under this Act; and
(c) the medical services were provided to the person before the Commissioner made the determination referred to in subsection (1)(a) .
(3) If the reasonable expenses that are payable, in respect of a compensable person, by the Commissioner under this section exceed the amount of expenses units specified in this section for those expenses, the Commissioner –