❓ Mr. Graham asks about the government's response to his Asbestos Diseases Bill. Mr. Kobelke responds that the government supports the bill's intent, will proceed with it, but will introduce amendments to remove exemplary damages.
AnsweredQoN 607Legislative Assembly
QuestionView source ↗
LAW REFORM (MISCELLANEOUS PROVISIONS (ASBESTOS DISEASES)) BILL 2001, GOVERNMENT’S RESPONSE
The minister would be aware that on the first day of Parliament this year, I introduced the Law Reform (Miscellaneous Provisions (Asbestos Diseases)) Bill 2001. Can the minister advise whether the Government has determined its response to that Bill? Mr KOBELKE
The minister would be aware that on the first day of Parliament this year, I introduced the Law Reform (Miscellaneous Provisions (Asbestos Diseases)) Bill 2001. Can the minister advise whether the Government has determined its response to that Bill? Mr KOBELKE
AnswerView source ↗
The member for Pilbara showed a clear interest in this issue over a number of years in the last Parliament and again with the Bill he introduced into this Parliament to ensure that people suffering from mesothelioma and other asbestos-caused diseases do not have to wait for a determination before they die, because they lose certain rights on death related to their ability to make claims against the illness and the cause of it, which puts extra stress on those people and their family in their last days. The member for Pilbara has championed this issue. The Government indicated its wish to support the general thrust of the Bill. It has taken longer than I hoped to examine the costings and to get clear advice on the Bill proposed by the member for Pilbara. However, the Government is now ready to proceed with that legislation. I trust that we can get it through the Parliament in the remaining weeks. In brief, our amendments will remove exemplary damages, because it is not appropriate in a case in which a person has already died that exemplary damages are sought on their behalf; that is not in keeping with the thrust of the reasons for having exemplary damages. There are also a couple of minor issues to tidy up, with which the member should not have any concerns. We look forward to proceeding with this matter so that people who are waiting for a determination by the courts before the sick person dies will not have to worry about it in the final days. We have time to deal with that Bill this year. The Government will deal with it in government business time given that private members’ time has been reduced. I hope that with the cooperation of all members it will pass through this House and hopefully the other House this year.
Mr KOBELKE replied: The member for Pilbara showed a clear interest in this issue over a number of years in the last Parliament and again with the Bill he introduced into this Parliament to ensure that people suffering from mesothelioma and other asbestos-caused diseases do not have to wait for a determination before they die, because they lose certain rights on death related to their ability to make claims against the illness and the cause of it, which puts extra stress on those people and their family in their last days. The member for Pilbara has championed this issue. The Government indicated its wish to support the general thrust of the Bill. It has taken longer than I hoped to examine the costings and to get clear advice on the Bill proposed by the member for Pilbara. However, the Government is now ready to proceed with that legislation. I trust that we can get it through the Parliament in the remaining weeks. In brief, our amendments will remove exemplary damages, because it is not appropriate in a case in which a person has already died that exemplary damages are sought on their behalf; that is not in keeping with the thrust of the reasons for having exemplary damages. There are also a couple of minor issues to tidy up, with which the member should not have any concerns. We look forward to proceeding with this matter so that people who are waiting for a determination by the courts before the sick person dies will not have to worry about it in the final days. We have time to deal with that Bill this year. The Government will deal with it in government business time given that private members’ time has been reduced. I hope that with the cooperation of all members it will pass through this House and hopefully the other House this year.
The member for Pilbara showed a clear interest in this issue over a number of years in the last Parliament and again with the Bill he introduced into this Parliament to ensure that people suffering from mesothelioma and other asbestos-caused diseases do not have to wait for a determination before they die, because they lose certain rights on death related to their ability to make claims against the illness and the cause of it, which puts extra stress on those people and their family in their last days. The member for Pilbara has championed this issue. The Government indicated its wish to support the general thrust of the Bill. It has taken longer than I hoped to examine the costings and to get clear advice on the Bill proposed by the member for Pilbara. However, the Government is now ready to proceed with that legislation. I trust that we can get it through the Parliament in the remaining weeks. In brief, our amendments will remove exemplary damages, because it is not appropriate in a case in which a person has already died that exemplary damages are sought on their behalf; that is not in keeping with the thrust of the reasons for having exemplary damages. There are also a couple of minor issues to tidy up, with which the member should not have any concerns. We look forward to proceeding with this matter so that people who are waiting for a determination by the courts before the sick person dies will not have to worry about it in the final days. We have time to deal with that Bill this year. The Government will deal with it in government business time given that private members’ time has been reduced. I hope that with the cooperation of all members it will pass through this House and hopefully the other House this year.
Mr KOBELKE replied: The member for Pilbara showed a clear interest in this issue over a number of years in the last Parliament and again with the Bill he introduced into this Parliament to ensure that people suffering from mesothelioma and other asbestos-caused diseases do not have to wait for a determination before they die, because they lose certain rights on death related to their ability to make claims against the illness and the cause of it, which puts extra stress on those people and their family in their last days. The member for Pilbara has championed this issue. The Government indicated its wish to support the general thrust of the Bill. It has taken longer than I hoped to examine the costings and to get clear advice on the Bill proposed by the member for Pilbara. However, the Government is now ready to proceed with that legislation. I trust that we can get it through the Parliament in the remaining weeks. In brief, our amendments will remove exemplary damages, because it is not appropriate in a case in which a person has already died that exemplary damages are sought on their behalf; that is not in keeping with the thrust of the reasons for having exemplary damages. There are also a couple of minor issues to tidy up, with which the member should not have any concerns. We look forward to proceeding with this matter so that people who are waiting for a determination by the courts before the sick person dies will not have to worry about it in the final days. We have time to deal with that Bill this year. The Government will deal with it in government business time given that private members’ time has been reduced. I hope that with the cooperation of all members it will pass through this House and hopefully the other House this year.
The member for Pilbara showed a clear interest in this issue over a number of years in the last Parliament and again with the Bill he introduced into this Parliament to ensure that people suffering from mesothelioma and other asbestos-caused diseases do not have to wait for a determination before they die, because they lose certain rights on death related to their ability to make claims against the illness and the cause of it, which puts extra stress on those people and their family in their last days. The member for Pilbara has championed this issue. The Government indicated its wish to support the general thrust of the Bill. It has taken longer than I hoped to examine the costings and to get clear advice on the Bill proposed by the member for Pilbara. However, the Government is now ready to proceed with that legislation. I trust that we can get it through the Parliament in the remaining weeks. In brief, our amendments will remove exemplary damages, because it is not appropriate in a case in which a person has already died that exemplary damages are sought on their behalf; that is not in keeping with the thrust of the reasons for having exemplary damages. There are also a couple of minor issues to tidy up, with which the member should not have any concerns. We look forward to proceeding with this matter so that people who are waiting for a determination by the courts before the sick person dies will not have to worry about it in the final days. We have time to deal with that Bill this year. The Government will deal with it in government business time given that private members’ time has been reduced. I hope that with the cooperation of all members it will pass through this House and hopefully the other House this year.
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