This site is generated from open public information stored in the Finance Knowledge Graph. For more information, please see: About structure.gov.au.

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005

Submitted by Richard_Li on
Distinguished Terms in this instrument
Term(s) Definition Defined in Legislation See Section(s)
asbestos‐related claim

means a claim for the payment of compensation or damages to a person in respect of an asbestos‐related condition suffered by the person or another person arising from a breach of a common law or statutory duty of care by:

(a) the Commonwealth; or

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
asbestos‐related condition

means:

(a) asbestosis; or

(b) an asbestos‐induced carcinoma; or

(c) an asbestos‐related non‐malignant pleural disease; or

(d) mesothelioma; or

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
claim

:

(a) means a claim or demand of any kind (whether or not involving legal proceedings); and

(b) includes proceedings of any kind.

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
Comcare

means the body corporate established by section 68 of the

Safety, Rehabilitation and Compensation Act 1988

.

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
Commonwealth authority

means:

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
contract of insurance

includes a contract which, however expressed and in whatever form, is in substance an indemnity or guarantee.

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
court

(except in section 15) includes:

(a) a tribunal; and

(b) any judge or person acting judicially or authorised by law or consent of parties to hear, receive and examine evidence.

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
Finance Minister

means the Minister who administers the

Public Governance, Performance and Accountability Act 2013

.

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
liability

means a of any kind (whether actual, potential or contingent) but does not include a arising under:

(a) a contract of insurance; or

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
subject to appeal

: a judgment or order is until:

(a) any applicable time limits for lodging an appeal (however described) against the judgment or order have expired; and

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005

This site is generated from open public information stored in the Finance Knowledge Graph. For more information, please see: About structure.gov.au.