Today: Asbestos and the law

Simon Cocker
It’s time to fix Tasmania’s law and processes for asbestos disease sufferers …

What: Asbestos and the Law in Tasmania, seminar

Who: Unions Tasmania Secretary, Simon Cocker

Asbestos disease sufferers

Leigh Mackey, Ogilvie & Jennings

James Higgins, Slater &Gordon

Where: Derwent Room, Wrest Point

When: Wed 22nd Oct 2008

9am – 12.45pm Asbestos and the Law seminar (running sheet below)

12.45pm Media Conference

Technical: An audio split will be available at the mixing desk during the seminar

Unions are calling on the Tasmanian Government to clear up the legal and regulatory process for those who have become ill through asbestos exposure in the workplace.

As part of Safe Work Tasmania Week, Unions Tasmania has invited a panel of legal experts to a seminar tomorrow to answer the question: “How can we make better laws for asbestos disease sufferers and a safer Tasmania?”

The seminar will explore current law with regard to asbestos exposure and disease claims in Tasmania as well as look at interstate models to examine where Tasmanian law, processes and regulation can be improved.

Attendees will hear from asbestos disease sufferers Ken and Donald Devine. Donald, from Hobart, has been recently diagnosed with Asbestosis and Ken, his cousin, is from Launceston and has been living with Mesothelioma for several years.

Dr Robert Brodribb and a speaker from the Dust Diseases Board of NSW will also share their expertise.

The legal panel will include Leigh Mackay from Ogilvie & Jennings, James Higgins from Slater & Gordon and Mat Wilkins from Page Seager. They are being asked to review the claims system in Tasmania from both an employee and employer perspective and to come up with a list of recommendations and ideas that can be taken to government. Dr Peter Patmore from the University of Tasmania will moderate the event.

Tasmania is the only state in Australia still to legislate for provisional damages for asbestos related disease. Western Australia legislated to remove legal obstacles to damages payments earlier this year and Victoria is in the process of doing so.

Unions Tasmania Secretary Simon Cocker said:

“Asbestos disease sufferers have to jump through too many hoops to receive compensation in Tasmania’s messy and lengthy process.”

“This is part of the new conversation we need to have in Tasmania about asbestos, a conversation that looks toward a long term plan for removing it and adequately and efficiently compensating those who have been harmed by it.”

“The incidence of Mesothelioma is on the rise Tasmania, particularly in the North West. Tasmanian Cancer Registry data shows it to be nearly one third higher in the North West than the rest of the state.”

“Those suffering now are most likely people who worked with substance at places like Goliath Cement or tradesmen who worked with the products in building or electrical work in previous decades. The people at risk in the future are those who are living and working with asbestos products now.”

“We need fairer laws that clearly allow an asbestos disease sufferer to make a claim for damages if their condition deteriorates and we need processes that allow people at imminent risk of death from an asbestos-related disease to have greater access to justice by having their case heard quickly.”

“The laws being introduced in Victoria and Western Australia allow sufferers to make a further claim for compensation if an asbestos related condition becomes worse – as it did with Bernie Banton, the NSW asbestos campaigner who died last year.”

“We still have a way to go in Tasmania on this issue. We’ll be taking the ideas from this panel to the government and asking them to act. We welcome further dialogue with the government on these matters.”

The seminar will also look at the issue of law and regulation of asbestos in workplaces and homes. Commenting on the long awaited Property Agents and Land Transactions Amendment Bill due in Parliament soon Mr Cocker said:

“We are waiting to see if vendor disclosure of asbestos, which was promised by the Government in 2005, will find its way into the Bill due in Parliament soon.” said Mr Cocker.