- Civil Liability (Provisional Damages for Dust
Diseases) Bill 2024 introduced into State Parliament
- Proposed reforms to provide dust disease
sufferers access to just and fair compensation
Western Australians
diagnosed with diseases caused by exposure to asbestos or silica will now have
the green light to seek improved compensation outcomes under landmark
legislation introduced today.
Attorney General John
Quigley introduced the Civil Liability Amendment (Provisional Damages for
Dust Diseases) Bill 2024 into State Parliament today.
The introduction of the Bill is an important step
towards ensuring those who suffer from these insidious and often fatal diseases
are given fair and just access to compensation.
As the law currently
stands, people who suffer personal injury as a result of exposure to asbestos
or silica dust are awarded damages on the basis of the 'once and for all' rule.
This means that if the person develops a new disease from the same cause, such
as mesothelioma, they cannot seek further damages at a later date.
The new provisional
damages regime will result in improved compensation outcomes, allowing people
diagnosed with dust disease to seek subsequent damages awards under certain
circumstances.
The mining of asbestos
was banned in the 1980s and the manufacture of asbestos was banned in Australia
in 2001, however the diagnosis of asbestos related disease continues.
Across Australia, there is an emerging trend of cases of
silica-related diseases, namely accelerated silicosis. The risks posed by
silica exposure have been nationally recognised, leading to a unanimous
decision by all Work Health and Safety Ministers in Australia to prohibit the
use, supply and manufacture of all engineered stone.
Comments attributed to
Premier Roger Cook:
"The introduction of a provisional
damages regime demonstrates my Government's commitment to providing access to
just and fair compensation to dust disease sufferers.
"There is continued concern in the
community and from governments across Australia in relation to the risk of
exposure to asbestos and silica dust. Most recently, we have seen the risks
faced by those involved in the engineered stone products sector, heightening
the urgency of reform in this area.
"Our reforms will improve compensation outcomes
for plaintiffs who suffer from dust diseases caused by the inhalation of
asbestos or silica dust."
Comments attributed to
Attorney General John Quigley:
"The current 'once and for all' rule
disadvantages people who have a non-malignant dust-related disease, such as
asbestosis or simple silicosis, but go on to develop a more serious form of
disease, such as mesothelioma or lung cancer.
"The proposed provisional damages
regime modifies the 'once and for all' rule in certain circumstances. For
example, people will not be restricted in the number of claims that can be made
for further damages, provided that such claims relate to the development of a
different injury or disease which was expressly identified at the time of the
initial judgment."
Comments
attributed to Melita Markey, CEO, Asbestos Diseases Society of Australia:
"The Asbestos Diseases Society of Australia (ADSA) is grateful for the
care and compassion the Cook Government and the Attorney General have shown to
asbestos diseases and silicosis sufferers today.
"The Government has listened to the ADSA by introducing provisional
damages which will significantly reduce the burden on sufferers and their
families as they battle these incurable diseases."
