70Commissioner to determine applications for compensation

70 Commissioner to determine applications for compensation

(1)  The Commissioner must determine an application for compensation by a person who has a compensable disease by –

(a) determining that the person is entitled to compensation under this Act; or

(b) determining that the person is not entitled to compensation under this Act.

(2)  If the Commissioner determines under subsection (1)(a) that a person who has a compensable disease is entitled to compensation under this Act, the determination must include a determination as to whether the person has –

(a) an imminently fatal asbestos-related disease; or

(b) a non-imminently fatal asbestos-related disease.

(3)  If the Commissioner determines under subsection (1)(a) that a person who has a compensable disease is entitled to compensation under this Act, the determination must include –

(a) a determination as to the amount of compensation by way of lump sum to which the person is entitled in accordance with section 72 or 73 ; and

(b) a determination in accordance with Division 3 of Part 7 as to whether the person is entitled to weekly payments and the amount of any such payments.

(4)  The Commissioner must determine an application for compensation by a member, or members, of a family of a person who has a compensable disease by –

(a) determining that a member, or members, of the family are entitled to compensation under this Act; or

(b) determining that no members of the family are entitled to compensation under this Act.

(5)  If the Commissioner determines under subsection (4)(a) that a member, or members, of the family of a person who has a compensable disease are entitled to compensation under this Act, the determination is to include a determination as to –