Former Commonwealth employees

If you are a current or former Commonwealth employee or current or former member of the Australian Defence Force, and you are suffering from an asbestos disease, you can claim compensation if your asbestos disease is attributable to your employment by the Commonwealth or the Australian Defence Force.

Current and former Commonwealth employees

In addition to the rights available to other workers, some former Australian government employees have additional entitlements under the Commonwealth Safety Rehabilitation & Compensation Act, 1988.

Such workers may be entitled to a lump sum payment for permanent impairment, weekly payments of compensation for any work related incapacity, medical expenses and possibly compensation for pain and suffering.

Should a worker die from an asbestos related condition, a dependant may have a right to lodge a claim under the Act. A dependant would have to show dependence on the former Commonwealth employee.  There also may be a sum to cover funeral expenses.  Amounts may also be payable to any dependent children.

Current and former service personnel

In addition to any rights under the Safety Rehabilitation & Compensation Act, 1988, former service personnel may have further entitlements under the Veterans’ Entitlements Act, 1986.  These entitlements result in a pension and not a lump sum.

You do not need to prove the Commonwealth was at fault to receive payment under either the Commonwealth Safety Rehabilitation & Compensation Act, 1988 or the Veterans’ Entitlements Act, 1986.

If you make a common law claim for the same asbestos condition for which you have been accepted by Veterans’ Affairs, then your pension entitlements may be affected. A common law claim could also affect treatment expenses that the Department of Veterans’ Affairs has paid in relation to that asbestos condition.  Every case is considered separately.  You should obtain legal advice before making any decision as to which course is best for you.

Negligence action for damages

Where exposure to asbestos occurred prior to 30 November 1988 you may sue for negligence at common law.  You are not restricted by the operation of the Safety Rehabilitation & Compensation Act, 1988.  Proceedings against the Commonwealth are commenced in the Dust Diseases Tribunal of New South Wales.

A common law claim will usually result in a higher payment figure than a claim under the Safety Rehabilitation & Compensation Act, 1988. It is important that you obtain legal advice before any decision is made about the type of compensation to pursue, as a course of action may be seen as an election and bar you from pursuing any other options.