- Civil Liability (Provisional Damages for Dust
Diseases) Bill 2024 passes through State Parliament
- 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 have
improved access to compensation following the passage of laws in State
Parliament.
The landmark reforms have
been welcomed by key advocates as 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 stood, people
who suffered personal injury because of exposure to asbestos or silica dust were
awarded damages on the basis of the 'once-and-for-all' rule. That meant that if
the person developed a new disease from the same cause, such as mesothelioma,
they could not seek further damages at a later date.
The new provisional
damages regime will result in improved access to compensation, by allowing
people diagnosed with dust disease to seek subsequent damages awards under
certain circumstances.
Comments attributed to
Premier Roger Cook:
"The risks of
asbestos-related diseases are well known, as is the historical significance of
the disease on the Western Australian community.
"The tragic legacy of
asbestos, however, is not over and, in addition to that, we are now seeing an
emerging trend of cases of silica-related dust diseases in our State.
"Given the special nature
of asbestos and silica, in that one exposure event can lead to multiple,
different diseases, the usual way of awarding damages on a once-and-for-all
basis is inappropriate.
"Inhalation of asbestos
or silica can cause a number of debilitating diseases, some of which are latent
and do not occur until many years after exposure.
"These important reforms will improve access
to compensation for plaintiffs who suffer from dust diseases caused by the
inhalation of asbestos or silica dust.
"These reforms are
further evidence of Labor's commitment to ensuring justice for working people –
people deserve to be safe at work and whether it's strengthening penalties to
protect retail workers or improving access to just compensation, our Government
will do it."
Comments attributed to
Attorney General John Quigley:
"Under the previous
regime, Western Australians afflicted with asbestosis and silicosis faced a
difficult choice - either pursue a claim immediately, risking the loss of
compensation for a potentially fatal disease down the line, or refrain from
action, risking the possibility of receiving no compensation for their current
ailment.
"To address this
inequity, Western Australia has joined several other jurisdictions in adopting
legislation introducing provisions for provisional damages.
"These reforms will, in most
circumstances, remove barriers to fair compensation for individuals afflicted
with dust diseases resulting from past, present or future exposure to asbestos
or silica dust.
"The changes aim to
strike a balance between considering the unique circumstances of asbestos and
silica dust disease sufferers and the uncertainty and liability created for defendants.
"I'd like to acknowledge those
who have advocated for these changes for many years."
