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MEDIA RELEASE NICK XENOPHON M.L.C. INDEPENDENT
NO POKIES MEMBER OF
THE LEGISLATIVE COUNCIL 28
November 2005
ASBESTOS LAWS: URGENT
PLEA FOR BIPARTISAN
SUPPORT With only four Parliamentary sitting days
remaining before the March 18th State Election, No Pokies MLC Nick
Xenophon has made an impassioned plea for bipartisan support for the Dust
Diseases Bill he introduced into Parliament three weeks ago. The Bill was introduced partly
as a result of the High Court decision last December (BHP
Billiton Ltd v Schultz) which has in effect prevented South Australians from
accessing the fast tracking provisions of New South Wales Dust Diseases
Tribunal. The Bill is also directed
by a loophole arising out of a High Court decision handed down on the 21st
of last month (CSR Limited v Eddy) where common law claims by dependents for loss
of services of an asbestos victim have now been disallowed – with the High
Court in fact stating it was up to legislators to fix this up. With a latency period of
between 20 to 50 years post exposure, it is expected that Mesothelioma cases and
deaths aren’t due to peak in Mr Xenophon said: “This
is an issue that absolutely goes beyond politics and that is why I am pleading
for bipartisan support to get this through in the next four days.” “Our
state now has the world’s highest per capita rate of Mesothelioma in the world
– yet our system to compensate victims treats South Australians as second
class citizens. As MPs we have an
obligation to do the right thing by asbestos victims”. “Melissa’s
case is unfortunately not unique – there is a gigantic loophole in the law.
The kids of a mum who dies in a car accident or becomes a quadriplegic
can be compensated for the expenses of their mother’s services, but in a case
such as this the kids won’t be able to claim after the death of their mother
– it is a crazy unjust loophole and as MPs we need to fix it.”
Written and authorised by Nick Xenophon, 653 Lower North East Road, Paradise, SA 5075 |