DCA 61 - ADF ASBESTOS RELATED CLAIMS

DEFENCE COMPENSATION ADVICE - NO 61

Commonwealth Employees Rehabilitation And Compensation Act 1988

ADF ASBESTOS RELATED CLAIMS

1.  The purpose of this DCA is to clarify the revised procedures for administering asbestos related claims. This DCA should be read in conjunction with DCA No.59 of 21 July 1992 and the Report of the Independent Review of Asbestos in Defence (Enfield Report) of March 1991.

2.  On 11 September 1992, the Minister for Defence Science and Personnel announced new procedures for managing "claims" from Defence and former Defence employees who were exposed to asbestos during their employment with the Department of Defence               (DOD) or Australian Defence Force (ADF). A copy of the Minister's News Release is attached for your information.

3.  A register of asbestos claims is maintained in ERMC Section and will be the primary source of information on compensation claims against the DOD. It is therefore essential that this register be up to date.

4.  Additional to the procedures outlined in paragraph 2 of DCA No.59 in respect to the administration of asbestos related claims, State Offices should forward to ERMC Section, immediately upon receipt, a copy of the Claim for Rehabilitation and Compensation (AB168) form with the date of receipt, State Office of origin and file number annotated in the top right hand corner.

5.  This process will enable us to record the existence of a claim; the record will be updated when the case file is referred to ERMC Section for determination.

6.  In view of the Enfield Report recommendations in relation to asbestos induced lung cancer, mesothelioma and asbestosis it is essential that investigation of these claims be undertaken expeditiously. Investigation would normally only involve:

a.  confirmation that the claimant (or deceased in the case of a claim by a dependant) is an employee for the purpose of the CERC Act;

b.  confirmation that the disease under claim is indisputably linked to asbestos exposure; and

c.  confirmation that the employee was probably exposed to asbestos during employment with the DOD/ADF.

7.  As previously advised, on completing the investigation of each claim, the case file should be referred to ERMC Section for determination and updating of the Register. Any undue delays in investigation of claims referred to in paragraph 6 should be referred to ERMC Section for resolution.

8.  Your assistance in this complex and sensitive matter is necessary for the process to work. A copy of the most recent statistics available in relation to ADF asbestos claims is attached for your information.

9.  Any enquiries in this matter can be referred to Paul Reis on (06) 266 8637.

Klaus Popp

DERMC

    September 1992

For Information:

DOHS

CMDR J HOROBIN

ASBESTOS LITIGATION CELL

DRO,SYDNEY