For victims of dust diseases, the agonising choice between compensation and future uncertainty has been thrown out, with new WA laws offering relief that campaigners have said is long overdue.

The Civil Liability (Provisional Damages for Dust Diseases) Bill 2024 has come as consolation for asbestos victims, scrapping the old ‘once-and-for-all’ rule that left them stranded without the chance to claim further compensation for new diseases caused by the same exposure.

Under the old laws claiming support via compensation for their first round of dust-related disease treatment,
meant they could not claim again later if the disease and the cost-of-treatment progressed.

Curtin University respiratory medicine professor Fraser Brims said, “I think it’s a big step forward, now not to have this very hard decision for individuals exposed to asbestos. They’ve got one condition, but they don’t know if they’re going to ultimately develop something potentially fatal, like mesothelioma.”

Mesothelioma, a deadly cancer affecting the lining of the lungs, remains one of the hardest conditions to treat.

Dr Brims explained: “Mesothelioma is a very, very challenging cancer to treat, and there’s no cure. So that’s very clearly catastrophic. Lung cancer is similarly challenging but has a slightly better outcome, though it’s still a major concern, depending on age and other conditions.”

One of the difficulties facing lung cancer patients is the stigma attached to the disease. “Lung cancer has a very significant stigma against patients with it. They’re often asked things like, ‘What did you do to get lung cancer?’ or ‘I didn’t realise you smoked,’ and we know that some people with lung cancers are never-smokers, particularly people exposed to asbestos,” he said.

Australia has one of the highest rates of mesothelioma in the world, largely due to widespread asbestos use in construction from the 1940s until the material was banned in 2003. Western Australia, in particular, was heavily affected by asbestos mining and use in buildings.

The consequences are still being felt today, as many workers who were exposed decades ago are now developing the disease. Despite the ban, the legacy of asbestos continues to impact thousands of people who are at risk due to their prior exposure.

Source: Australian Institute of Health and Welfare

WA Greens MP Brad Pettitt reflected in Parliament on the devastating impact of asbestos exposure on families.

He recalled the story of Robin Chapple, a former Greens MP diagnosed with asbestosis after working in the Pilbara in the 1970s, where asbestos dust was a daily hazard.  He quoted Mr Chapple saying: “We had no idea asbestos was a risk,” and added that it is a sentiment echoed by countless Australians who unknowingly faced this deadly threat.

“The workshops we were using at that time were the workshops in the former Wittenoom asbestos mine. We’d sweep the floors every morning because of the windblown asbestos that was coming into the workshop. There were no overalls. We were wearing shorts, boots and shirts with the sleeves cut off, and we had no idea asbestos was a risk. Workplace safety was barely considered,” explained Mr Chapple.

Asbestos lawyer Alana Main said the new legislation marks a significant step forward for victims seeking justice. “For far too long, big companies and other liable entities have evaded responsibility for the harm they’ve caused,” she noted.

“With these reforms in place, we can ensure that further liability will be upheld and put an end to practices that put individuals in danger.”

Outlining how awareness about the risk of asbestosis has changed, Perth Asbestos Removal WA emphasised that they strictly adhered to the guidelines outlined by Safe Work Australia. “We follow regulations set out when it comes to the safe handling, removal, and disposal of asbestos,” a company spokesperson said. “It’s also important that this information is made easily obtainable and accessible to the public, so asbestos can be identified and addressed as quickly as possible.”