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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-08-31 Daily Xml
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Dust Diseases

The Hon. C. BONAROS (15:06): I seek leave to make a brief explanation before asking a question of the Attorney-General on dust diseases.

Leave granted.

The Hon. C. BONAROS: During the previous return to work debate, the Attorney-General and Minister for Industrial Relations undertook to consider a number of very sensible reforms relating to dust diseases claims, aimed at ensuring a dust disease victim is not disadvantaged under our return to work laws. Those reforms have been well highlighted in correspondence that has been addressed to the Attorney-General, ongoing matters before the courts and, to some extent, in this chamber during the debates. My questions to the Attorney are:

1. Can the Attorney confirm if and when we can expect to see the outcomes of those considerations?

2. How are those considerations progressing?

3. Will they be incorporated into the next tranche of return to work laws, expected some time this year, I anticipate?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:07): I thank the honourable member for her question and her interest in this area. I am very well aware of both her interest and the Hon. Tammy Franks' interest from parliamentary debates we have had in this chamber on these matters. As the honourable member indicated at the end of her question, I am hopeful we will see if not legislation into the parliament at least draft legislation by the end of this year.

Work has continued at pace on important reforms. This is not just in relation to dust diseases, but we have done extensive consultations and are now at the policy development and legislative development phase of looking at section 18 of the Return to Work Act, the section that does what it says on the box: help people return to work.

Part of that section 18 consultation review has involved issues to do with dust diseases. Certainly one we think there is a good case for and are looking at as part of those reforms is the stage at which someone's income should be measured if they contract a dust disease. At the moment, it is when the dust disease may have been first contracted, which in cases of dust diseases like asbestosis can be, in some cases, decades before it presents itself in a way that a worker is not able to work anymore, and with the progression of that individual through the workforce, through their career, their income will almost certainly be more than when they first were put in harm's way and contracted the disease.

That is an area I certainly have a lot of sympathy for, as does the government. That is one area that we would expect—once we have those reforms that deal with section 18—we are going to include reforms in relation to dust diseases as part of it. We will see that in the parliament, certainly if not by the end of this year, I would anticipate by very early next year.

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