Page 1721 - Week 06 - Tuesday, 7 June 2016
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As Minister Gentleman pointed out when he introduced the bill, under the current arrangements, people who cannot access lump sum payments are only able to receive benefits for medical and income support. This is not a tolerable situation and it leads people affected by asbestos-related diseases to pursue common law actions for compensation. This is an expensive and difficult process. Battling through the adversarial and complex maze of the court system is not how a person wants to spend what could well be their final days.
The bill remedies this unsatisfactory situation by allowing for a no-fault statutory lump sum payment for ACT workers affected by asbestos related disease contracted through their work. People suffering from an imminently fatal asbestos disease can access a lump sum of 100 per cent of the statutory amount, or the maximum amount payable, which removes the need for the person to seek legal advice and negotiate.
Essentially the bill recognises the seriousness of asbestos-related diseases and it removes obstacles to people accessing compensation when they are affected by such a disease related to their workplace.
The bill will also assist people suffering from asbestos-related diseases by modifying the default insurance fund claimant arrangements so that liability for statutory workers compensation claims for imminently fatal asbestos diseases may be accepted and paid without first requiring a claimant to pursue other parties.
This is an approach used in other parts of Australia, and it will provide some relief to ACT residents suffering asbestos-related diseases, and their families. The simple outcome is that if a worker has a short life expectancy, they are more likely to have their claims processed quickly and receive their payment.
Members may recall that in recent months we have discussed the lifetime care and support scheme that operates in the ACT. That scheme typically does not provide lump sum payments, because they can lead to poor health outcomes and are subject to the uncertainty of predicting an injured person’s lifetime care needs. There are, however, some situations where it is appropriate to provide lump sums to injured workers. It is appropriate where a person is suffering from an asbestos-related disease, as these tend to be terminal illnesses. For this reason, and the reasons that I have already discussed, I think lump sums are appropriate here.
In summary, I think this bill makes very positive amendments designed to assist people who are suffering from asbestos-related diseases. The amendments we pass today will make a terrible situation just a little easier for people who are already suffering illness, and they are important and valuable changes.
MR GENTLEMAN (Brindabella—Minister for Planning and Land Management, Minister for Racing and Gaming and Minister for Workplace Safety and Industrial Relations) (10.40), in reply: I thank members for their input and their support for the Workers Compensation Amendment Bill 2016. This is an important bill which has been designed to increase the amount of compensation available to people with asbestos-related disease and also make the process of accessing compensation simpler, faster and fairer.
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