Asbestos – The Commonwealth Response

Workers employed by the Commonwealth Government are entitled to access workers compensation benefits by virtue of the Safety Rehabilitation & Compensation Act 1988. A worker exposed to asbestos who subsequently develops an asbestos related disease is entitled to apply under this act for compensation. The body corporate regulating these claims is Comcare.

An individual, who is not a commonwealth employee exposed to asbestos in a commonwealth government building or as a consequence of the activities of a commonwealth government department may have a right of action in negligence against the Commonwealth to recover compensation on account of the consequences of the condition. Traditionally these claims were managed by the Australian Government Solicitor and/or Government Department accused of being responsible for the exposure.