Western Australians diagnosed with diseases caused by asbestos or silica dust inhalation now have improved access to fair compensation, as the Civil Liability (Provisional Damages for Dust Diseases) Act 2024 came into effect on December 1, 2024.
This landmark reform addresses longstanding inequities in compensation for those impacted by debilitating and often fatal dust diseases.
The new law eliminates the restrictive ‘once-and-for-all’ rule, which previously prevented individuals from seeking further damages after an initial award or settlement.
Under the new legislation, dust disease sufferers can pursue subsequent damages awards if they develop new conditions arising from the same exposure.
This change recognises the unique nature of asbestos and silica-related illnesses, where a single exposure event can lead to multiple, different diseases over time.
Premier Roger Cook stated: “These new laws represent a significant improvement in the legal protections available to dust disease sufferers, providing them with greater certainty and access to justice during extraordinarily challenging times.
“These reforms reflect my government’s commitment to delivering fair outcomes for Western Australians impacted by asbestos and silica dust exposure.”
Attorney General John Quigley added: “By enabling people to access compensation that reflects their evolving situation, they and their families are afforded greater security and dignity.
“Key advocates and stakeholders have welcomed these changes as a vital step forward in supporting those suffering from the devastating effects of these insidious diseases.”
The reform also amends the Limitation Act 2005, removing any limitation period for subsequent dust disease actions.
This ensures that individuals can seek additional compensation regardless of when new conditions develop.
This legislative change puts Western Australia in line with several other jurisdictions that have adopted similar provisions for provisional damages.
It strikes a balance between addressing the unique circumstances of dust disease sufferers and managing the uncertainty and liability for defendants.
The implementation of these new laws marks a significant step forward in ensuring justice and support for those affected by asbestos and silica-related diseases in Western Australia.
