Position Paper to Address Asbestos Claims Law

The Tasmanian Government expects to have a position paper ready by the end of the year on possible changes to the law on asbestos-related claims.

Further legislative changes to protect asbestos victims and their families are being considered.

Tasmania is the only Australian state where families of asbestos victims cannot continue a claim for pain and suffering after the victim has died.

The Government last year extended the limitations on asbestos-related claims, allowing more people to pursue claims.

But lawyer Margaret Kent says the current Tasmania law is unfair.

"The pain and suffering, which is usually the biggest part of the claim, goes with the person unless a law is made explicitly to change that," she said.

She also says that this leaves asbestos victims in an 'obscene race against death' to try to finalise legal arrangements to provide for their families.

"Their needs to be a government law passed explicitly to say that in the case of dust diseases, if a claim is lodged prior to the person's death, the claim will survive, that's how it works."

Christine Whitely's husband Tony, died of mesothelioma before the bulk of a claim against his employer could go to court.

Mrs Whitely says Tasmanian victims deserve better.

"All of those governments for every state in Australia cannot be wrong," she said.

Allan Pettit, who is taking legal action against his former employer after contracting asbestosis, is also concerned his claim will die with him.

"It's just gonna be forgotten isn't it. I'll just be a number," he said.

State Attorney-General Judy Jackson says the Government expects to finalise a position paper on the survivorship provisions relating to claims by the estates of asbestos victims by the end of the year.

Position Paper to Address Asbestos Claims Law