Asbestos Diseases Compensation Bill
Note: Lodged in lieu with correction to Clause note 4—reference to "Accident Compensation
Act 1958" changed to "Accident Compensation Act 1985".
The Asbestos Diseases Compensation Bill 2008 allows for the awarding of
provisional damages for asbestos-related conditions. The Bill will enable an
individual to pursue an initial claim for an asbestos-related condition and a
further claim if they develop a subsequent asbestos-related condition.
The awarding of provisional damages is confined to asbestos-related
conditions. It can take many years for a person exposed to asbestos to know
the full extent of their injuries and the initial award of damages may not
provide adequate compensation for a fatal condition that may develop in the
The Bill also amends the Accident Compensation Act 1985 so that a worker
who has an asbestos-related condition has access to expedited processes.
A worker must have a serious injury in order to access damages.
The amendments provide that the serious injury threshold, under the
Accident Compensation Act 1985, is satisfied if a person dies from an
asbestos-related condition that is the subject of the proceedings.
The Bill also amends Part III of the Wrongs Act 1958, to ensure that where a
person has died from a dust-related condition, no account will be taken of the
damages or share of such damages, which a dependant received or may
receive from general damages paid to the deceased's estate in a subsequent
claim made by a dependant.
sets out the purposes of the Bill which are to—
permit the awarding of provisional damages to persons
suffering from asbestos-related conditions; and
BILL LA INTRODUCTION 7/10/2008
amend the Accident Compensation Act 1985 in
relation to proceedings that relate to asbestos-related
amend the Wrongs Act 1958 in relation to claims made