Asbestos Diseases Compensation Act 2008

to permit the awarding of provisional damages to persons suffering from asbestos-related conditions; and

to amend the Accident Compensation Act 1985 in relation to proceedings relating to asbestos-related conditions; and

to amend the Wrongs Act 1958 in relation to dependants' claims for damages arising from deaths caused by dust-related conditions.

In this Act—

asbestosis; or

asbestos induced carcinoma; or

asbestos-related pleural diseases; or

mesothelioma;

In this Act, a condition evidenced solely by the presence of pleural plaques is not an asbestos-related condition.

award, in the first instance, damages for the asbestos-related condition assessed on the assumption that the injured person will not develop another asbestos-related condition; and

award damages at a future date if the injured person does develop another asbestos-related condition (the subsequent award).

t he Workers Compensation Act 1958 applies, if the injury arises out of, or in the course of, the injured person's employment before 4 p.m. on 31 August 1985;

the Accident Compensation Act 1985 applies, if the injury arises out of, or in the course of, or was due to the nature of, the injured person's employment on or after 4 p.m. on 31 August 1985 but before 1 July 2014;

the Workplace Injury Rehabilitation and Compensation Act 2013 applies, if the injury arises out of, or in the course of, or was due to the nature of the injured person's employment on or after 1 July 2014;

the Wrongs Act 1958 applies, if the injury did not arise out of or in the course of, or was not due to the nature of, the employment of the injured person.

If a payment of provisional damages has been made to an injured person for an asbestos-related condition, a court or a registrar of a court must have regard to the legal costs incurred in respect of the action for those damages (the initial action) when assessing the amount to be awarded as legal costs in a subsequent action for damages by that person for another asbestos-related condition.

The purpose of subsection (1) is to ensure that legal costs awarded in a subsequent action are not in respect of work undertaken for the purposes of the initial action.

In considering any possible duplication of legal costs, the court or registrar must have regard to the following factors—

any work undertaken in the initial action—

to identify the party or parties to be named as defendants; and

to identify the circumstances of the injured person's exposure to asbestos; and

in relation to the negligence or breach of duty of the party or parties to be named as defendants; and

as to the relationship and causal nexus between the injured person's condition and the exposure to asbestos; and

any other factors that the court or registrar considers appropriate.

This Act applies to causes of action arising and actions commenced before or after the commencement of this Act.

However subsection (1) does not apply to an action commenced before the commencement of this Act if—

the hearing of the action had commenced before the commencement of this Act; or

damages were awarded or a settlement reached (other than for provisional damages) in that action before that commencement.