Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
72Compensation payable to person who has imminently fatal compensable disease
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72 Compensation payable to person who has imminently fatal compensable disease
(1) Subject to this Act, the compensation payable under this Act to a person –
(a) who has a compensable disease that was, before the commencement day, correctly diagnosed by a medical specialist to be an asbestos-related disease; and
(b) who was notified of that diagnosis by the medical specialist; and
(c) in relation to whom the Commissioner or the Tribunal has made a determination under this Act that the person has an imminently fatal asbestos-related disease –
is a lump sum equivalent to the relevant amount in relation to the person.
(2) For the purposes of subsection (1) , the relevant amount in relation to a person is the total of –
(a) 360 compensation units; and
(b) the number of compensation units, determined in accordance with regulations prescribed for the purposes of this subsection, for a person of the age of the person on the commencement day.
(3) Subject to this Act, the compensation payable under this Act to a person –
(a) to whom subsection (1) does not apply; and
(b) who has a compensable disease that was, after the commencement day, correctly diagnosed by a medical specialist to be an asbestos-related disease; and
(c) who was notified of that diagnosis by the medical specialist; and
(d) in relation to whom the Commissioner or the Tribunal has made a subsequent determination under this Act that the person has an imminently fatal asbestos-related disease –
is a lump sum equivalent to the relevant amount in relation to the person.
(4) For the purposes of subsection (3) , the relevant amount in relation to a person is the total of –
(a) 360 compensation units; and
(b) the number of compensation units, determined in accordance with regulations prescribed for the purposes of this subsection, for a person of the age of the person on the day on which the person is first notified, by a medical specialist who has correctly diagnosed that the person has an imminently fatal asbestos-related disease, that the person has the disease.