Cover image for Asbestos Compensation Tribunal
Agency:
Asbestos Compensation Tribunal
Agency Number:
Start Date:
04 Oct 2011
Description:
The Asbestos Compensation Tribunal is an independent statutory Tribunal created under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011, with primary responsibility to determine all disputes relating to referrals made pursuant to that legislation.;;;;The Tribunal is constituted by the Chief Commissioner, and a Commissioner or a part-time Commissioner. These persons are separate and independent of the Asbestos Compensation Commissioner. The Tribunal has a Chief Commissioner and a Commissioner who by reason of s129 of the Act are the Chief Commissioner and Commissioner of the Workers Rehabilitation and Compensation Act 1988.;;Both the Chief Commissioner and the Commissioner fulfill the requirements of the Act in that they are legal practitioners of not less than 5 years standing. Both are appointed full time on contracts.;;;;The functions of the Tribunal are:;;- To determine all claims for compensation referred to it under the Act.;;- To determine such other matters as are referred to it under the Act.;;- To exercise the powers conferred and the duties imposed on it in the Act.;;;;The Tribunal may conduct conciliation conferences in appropriate circumstances in order to resolve disputes by agreement. Hearings are held throughout the State in order to resolve disputes by arbitration where agreement cannot be reached between the parties. A party to a proceeding before the Tribunal who is aggrieved by a determination, order, ruling or direction by the Tribunal may appeal to the Supreme Court on a question of law.
Information Sources:
Asbestos Compensation Tribunal annual report 2012
Legislation Creating:
Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011;;
Controlling Agencies:
Department of Justice (2) (TA1646)02 Feb 2004