Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
7Meaning of "relevant employment period"
Start here
Get a plain-English read of 7
Turn the raw legal text into a practical explanation grounded in Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011.
7 Meaning of "relevant employment period"
(1) In this Act, a reference to a relevant employment period in respect of a person is a reference to a continuous period of employment of that person as a worker by an employer of that person –
(a) beginning on the day on which the person is employed by that employer as a worker; and
(b) ending on the day on which the person ceases to be employed as a worker by that employer.
(2) Despite subsection (1) , if –
(a) the relevant employment period in respect of a person, as determined in accordance with that subsection, includes –
(i) a period when the person is in another State for the purposes of that employment; and
(ii) a period when the person is in this State for the purposes of that employment for a continuous period of more than 6 months; and
(b) the person is, in the course of that employment, exposed in this State to asbestos during the period referred to in paragraph (a)(ii) –
a reference, in relation to that person, to a relevant employment period in respect of that employment is a reference to the period referred to in paragraph (a)(ii) .
(3) Subsection (4) applies to a person in respect of a relevant employment period if –
(a) the person is employed by an employer; and
(b) the employer sells, transfers, or restructures, the business in respect of which the person is employed; and
(c) the person becomes, immediately after the sale, transfer or restructure of the business, an employee of the person to whom the business is sold or transferred or who becomes the employer in respect of the business as restructured.
(4) If this subsection applies to a person, the person is to be taken to be, for the purposes of this section, continuously employed as a worker by the employer referred to in subsection (3)(a) for the period –