WA’s Victims of Dust Disease to Obtain Fair and Just Remuneration

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WA's Victims of Dust Disease to Obtain Fair and Just Remuneration

As of 1 December, Western Australians suffering from illnesses caused by inhaling asbestos or silica dust gain fair access to compensation, thanks to enactment of the Civil Liability (Provisional Damages for Dust Diseases) Act 2024.

The WA Government has stated that this significant reform tackles enduring disparities in compensation for individuals affected by serious and often fatal dust diseases.

What the New Legislation Means for Affected Workers

Provisions now allow those who develop multiple distinct illnesses due to inhalation of asbestos or silica dust to move beyond limitations of the 'once-and-for-all' regulation.

Previous rules stopped affected individuals from pursuing additional damages after receiving an initial award or settlement. Any worker diagnosed with a secondary condition had no further legal avenue, regardless of new medical evidence linking their illness to the same source of exposure.

Under new regulations, individuals with dust-related illnesses will be allowed to seek additional damages if they acquire new medical conditions caused by original exposure. This shift reflects growing recognition across Australia that occupational safety standards must account for delayed onset of asbestos-related and silica-related diseases.

Why This Reform Matters for Workplace Safety

Dust diseases often develop over years or decades, meaning a worker exposed early in their career may not display symptoms until much later. Strengthening compensation pathways supports broader safety obligations that employers and regulators owe to those working in high-risk environments.

Organisations seeking to reduce risks associated with silica and asbestos should review current safety documentation and controls. Resources such as the Dust Extractor Operation SWMS and the Plant and Equipment Policy can help businesses maintain compliance and protect worker wellbeing.

Further insight into related safety developments is available in coverage of the SafeWork NSW silica dust and mental health inspection program, as well as updates on dust lung disease research funding in Queensland and the recent dust disease clinic opening in Sydney.

For organisations managing plant, equipment, and dust-generating processes, maintaining an accurate Plant and Equipment Register remains a critical component of ongoing safety services and compliance efforts.

Professionals wanting to stay current with evolving safety services and regulatory updates can also explore the Workplace Health and Safety Show, which brings together experts addressing dust exposure, compliance services, and broader occupational safety services across industries.

Read more here.

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