Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
PEOPLE suffering from asbestos diseases will have increased access to legal compPensation under legislative changes likely to be introduced into Parliament this year by the state government.
Attorney-General Brian Wightman said the government was preparing amendments for the relevant acts to help Tasmanians suffering from asbestos-related diseases find justice.
``At present, a compensation claim must be brought within three years of discoverability, which means that many people can't seek compensation, purely because they were unaware of their rights at the time,'' Mr Wightman said.
Under the changes sufferers would be able to bring legal action six years after diagnosis of their diseases.
Mr Wightman said other proposed amendments to the Civil Liability Act, 2002, would allow courts to award provisional damages where a plaintiff has a claim for a dust-related disease.
``Under the current legislation, someone would have to apply to the courts to bring an action if the disease was diagnosed more than 12 years after exposure.
``This is a significant hurdle for many people who suffer from dust-related diseases, as these illnesses are rarely diagnosed within 12 years of exposure.''
Asbestos Free Tasmania chief executive Susan Wallace said the reforms would address stressful procedural difficulties faced by those with asbestos diseases, and would assist in delivering a fair, less complex and less costly legal process.
Asbestos campaigner and Tasmanian Labor Senator Lisa Singh said the reforms would provide relief to asbestos disease sufferers who did not have time on their side.
``The continual improvement of victims' rights is important in light of the expected third wave of asbestos sufferers,'' Ms Singh said.
There are fears home renovators and backyard builders will form a new wave of asbestos-related illnesses.
Master Builders Tasmania executive director Michael Kerschbaum said the rising incidence of renovations undertaken on houses 25 years or older, highly likely to contain asbestos, added to the health issue.
Mr Kerschbaum said unsafe disposal by those who did not know they were working with asbestos, and those who knew but disposed of it incorrectly was a regular occurrence.
``People may have a trailer load of asbestos that they have broken up from a backyard shed and they won't even know it is asbestos.
``If it is a windy day and the asbestos dust is blowing all over the place you have these airborne fibres that can affect third parties.''
Forestry Tasmania Northern community liaison officer Tony Scott said the company dealt with up to 10 known illegal dumpings of asbestos in state forests each year, which included one found last month dumped at Castra in the North-West costing $1000 to remove.
For information visit: www.asbestosfreetasmania.org.au/.