To be entitled to compensation under the Asbestos Related Diseases (Occupational Exposure) Compensation Act 2011 (the Act), a person must be, or must have been, a worker as defined under the legislation at the time of exposure to asbestos. You are still defined as a worker if you have retired.
A worker is a person who has or had entered into or works or worked under a contract of service or training agreement with an employer.
Certain people are also deemed to be workers under the Act. They include:
- Taxi drivers and hire-car drivers where they drive the vehicle with the consent or authority of a person who holds the licence or authority in Tasmania to operate the vehicle. This does not apply to a driver where the driver is also the holder of the licence or authority;
- People engaged in plying for hire vehicles or vessels, where the use of the vehicle or vessel is obtained from the owner under a contract;
- Jockeys and apprentice jockeys;
- Ministers of religion;
- Volunteers engaged in fire-fighting or fire prevention operations;
- Volunteers engaged in providing ambulance services; and
- Police volunteers.
Other people and volunteers may also be prescribed to be workers.
Certain people are not workers. These include:
- People employed as outworkers;
- People employed in employment of a casual nature other than for the purposes of the employer's trade or business;
- Persons employed as a member of a fishing boat who is remunerated wholly or mainly by share in the profits of gross earnings in respect of that boat;
- People participating in an approved program of work for unemployment payment under the Social Security Act 1991 (Commonwealth);
- Persons who are Commonwealth employees when relevant exposure to asbestos occurred; and
An asbestos-related disease is automatically deemed to be reasonably attributable to workplace exposure where the person:
- was a worker for at least 12 months during a relevant employment period connected with Tasmania; and
- worked at a workplace which manufactured asbestos products; and
- was in an occupation where it may be reasonably assumed that the person was likely to have been exposed to asbestos.