37If diagnosis of imminently fatal asbestos-related disease occurs after commencement day

37 If diagnosis of imminently fatal asbestos-related disease occurs after commencement day

(1)  Subsection (3) applies to a person if –

(a) section 34(2) and section 36(3) do not apply to the person; and

(b) on a day after the commencement day, a medical specialist has given to the person a medical certificate certifying that the person has an imminently fatal asbestos-related disease.

(2)  However, subsection (1) does not apply to a medical certificate if the diagnosis or prognosis included in the certificate is incorrect.

(3)  A person to whom this subsection applies may only make an application for compensation in respect of an asbestos-related disease if the application is made within –

(a) 12 months after the day on which the certificate referred to in subsection (1) in respect of the disease is given to the person; or

(b) a period, if any, determined by the Commissioner or the Tribunal under section 40 , that ends after the 12-month period.

(4)  If –

(a) a person who has a compensable disease is given a medical certificate, certifying that the person has an imminently fatal asbestos-related disease, by a medical specialist who has correctly diagnosed that the person has an imminently fatal asbestos-related disease; and

(b) the person is subsequently given another medical certificate, by that medical specialist or another medical specialist, certifying that the person has an imminently fatal asbestos-related disease –

the reference in subsection (3) to the day on which a certificate is given to the person is to be taken to be a reference to the first day on which the person received the certificate referred to in paragraph (a) .