Once-and-for-all rule for asbestos claims to be scrapped, Attorney General John Quigley announces

Workers who have been exposed to asbestos dust will no longer have to accept ‘once-and-for-all’ payouts that stop them from making further claims when they develop more serious, and potentially terminal, diseases. Attorney General John Quigley and Premier Roger Cook on Thursday announced the State had introduced a bill that would scrap the ‘once-and-for-all’ rule for workers in future and ongoing claims. Those exposed to dust will be able to detail a list of future diseases they could develop such as mesothelioma and lung cancer, and will be able to return to court for more compensation if their health deteriorates. Mr Quigley said the bill “wipes out a terrible injustice that Western Australian asbestos and silicosis sufferers have been subjected to.” “If a person is diagnosed with a dust disease, asbestosis or silicosis, they can (already) bring an action for damages and get an award,” he said. “But there’s a long latency period for mesothelioma and cancer, maybe 20 or 30 years.” The Attorney the existing rule that dates back to legislation passed in the 1940s, means claimants either had to wait to launch a claim, in case they developed more serious conditions, or potentially forego being compensated for a terminal condition that developed decades later. “This injustice had to stop. And it will stop with the passage of this bill. We’re right behind all Western Australians who suffer injury at work. I’ve commended this bill to the House and hope for its early passage through the parliament,” he said. But the bill will not apply retrospectively, meaning those who have already received once-and-for-all payouts from the court will be stuck with those agreements. Stewart Hay worked since the age of 15 as a stonemason, but in 2019 was diagnosed with progressive silicosis. The father of three said his condition had severely impacted his mental and psychical health. “I’ve just had a baby and it’s a struggle just getting up and down the staircase at night sometimes,” Mr Hay said. “I lost my entire career, which I worked from the age of 15 to get to a really high rank in.” Mr Hay said the bill would help provide financial security for his family and hoped there would be more action taken to make stone companies liable. The Premier said the introduction of the “landmark: bill was a a “historic day” for the State, workers and their families who had “too long waited for justice”. Mr Cook said many workers were still developing new conditions because asbestos mining was only banned in the 1980s and asbestos manufacturing was legal until 2001. “We’ll ensure that WA workers are looked after and treated fairly,” he said. “That’s what today’s landmark legislation does. It’s about delivering care and compassion to workers and their families who, quite rightly, deserve our help.” Asbestos Diseases Society chief executive Melita Markey welcomed the bill and encouraged workers who had been exposed to approach their offices. Those who worked for James Hardie’s company up to the 1980s, will be left out of the bill after Mr Hardie fled to the Netherlands, leaving behind a purported compensation fund that had a large financial shortfall. Mr Quigley said the company had inserted a clause into their settlement that stated if there’s “any adverse action passed by any state, then the trust is not liable”. “This means that this provisional damages regime that we’re now introducing, are not applying where James Hardie it is a defendant.” But the Attorney said WA was negotiating with the NSW Government to amend the settlement agreement so that the regime could apply.