[Greens-Media] Tas Greens_Labor Prioritises Vested Interests Over Asbestos Law_C O'Connor MP

[greens at parliament.tas.gov.au]

BARTLETT GOVERNMENT PUTTING VESTED INTERESTS OVER PUBLIC HEALTH ON
ASBESTOS LAW

Cassy O'Connor MP
Greens Shadow Health Spokesperson

Thursday, 30 October 2008
Contact: State Parliamentary Offices of the Tasmanian Greens, (03) 6233
8300

www.tas.greens.org.au


The Tasmanian Greens today condemned the Bartlett Government's disregard
for the right of home buyers to know whether properties they intend to
purchase are harbouring asbestos in places like ceilings, flooring, wall
sheeting, window frames, gutters, pipes, water tanks and insulation.

In Question Time today Greens Shadow Health spokesperson Cassy O'Connor
MP asked Consumer Affairs Minister, David Llewellyn, what possible
justification the Bartlett Government had for not enacting Part 10 of
the Property Agents and Land Transactions Act 2005 which provides for
vendor disclosure to provide protection for home buyers, ensuring they
are not exposed to deadly asbestos in the process of renovating and
removing the material from properties they purchase.

"In the end, the Minister's convoluted answer came down to the
government placing a higher level of importance on cost considerations
than it does for public health," Ms O'Connor said.

"Vendor disclosure - where the seller of a property is required to
disclose information about the property to the purchaser or potential
purchaser - was a key recommendation of the Tasmanian Law Reform
Institute report to the Tasmania Government in September 2004." [1]  

"The Law Reform Institute recommended a model that was designed to
strike a fair balance between the rights and interests of vendors and
purchasers by providing the purchaser with sufficient information to
make a fully informed decision, while requiring vendors to provide only
information that they know, ought to know, or could reasonably obtain."

"This provision was included in the legislation which passed in 2005,
yet the vendor disclosure provision was never enacted after the real
estate industry lobbied the government, claiming it would negatively
affect the industry."

"What price peace of mind, of being sure they are not exposed to
asbestos fibres and potentially a terminal lung disease, for Tasmanian
home buyers?"

"All Tasmanians who purchase properties should be entitled to know
whether they are buying a huge potential problem, and more importantly,
whether they will be exposing themselves or other family members to
asbestos fibres that can cause terminal mesothelioma decades later."

"Because the State Government has refused to enact Part 10 of the Act,
that protection under the law does not exist.  The Tasmanian Greens
believe this is immoral."

"Tasmania already lags far behind other Australian jurisdictions in
terms of asbestos law.  We are the only state, for example, where
asbestos disease sufferers can only file one compensation claim and
where payments to victims are about half what they are interstate."

"As it stands under the current legal regime, a mesothelioma sufferer is
likely to die before their claims for compensation are resolved."

"Sadly, I believe, it comes down to a warped set of priorities on the
Tasmanian Labor Government's part, leaving victims and potential victims
with inadequate protections under the law," Ms O'Connor said.
 
------------------------------------------------------------------------
--------

[1] 'Vendor Disclosure', Law Reform Institute Final Report No. 5,
September 2004




Any opinions expressed in this e-mail are those of the individual and not necessarily the Parliament of Tasmania. This e-mail and any files transmitted with it are confidential and solely for the use of the intended recipient. If you are not the intended recipient or person responsible for delivering to the intended recipient, be advised that you have received this e-mail in error and that any use is strictly prohibited. If you have received this e-mail in error, advise the sender immediately by using the reply facility in your e-mail software.


Warning: Computer viruses may be transmitted or downloaded onto any computer system via e-mail communication. It is the recipient's responsibility to take appropriate action to prevent computer viruses being transmitted In this way. Accordingly the Parliament of Tasmania disclaim all responsibility which arises directly or indirectly from such transmission of computer viruses.