2024 Review of the Dust Diseases Scheme — final report
The final report of the Standing Committee on Law and Justice’s 2024 Review of the Dust Diseases Scheme is now available. In a statement released by the NSW Minister for Industrial Relations, Sophie Cotsis, the government said it welcomed the report, which aims to deliver stronger protections and better support for workers across the state affected by deadly dust diseases.
The report had two focus areas, namely support available to younger workers within the Scheme and other risk areas for silicosis — including, but not limited to, tunnelling and quarrying. Recommendations were also made, which the government said “will guide reforms that better protect workers in high-risk industries such as construction, mining and tunnelling”.
Career and educational counselling were among the key recommendations, with support continuing throughout retraining, even if workers gain paid employment during the course. Also recommended is that vocational services be expanded — including personalised career support and job-seeking assistance, for younger workers particularly.
To improve fairness, legislative changes were recommended as well. These include the removal of the requirement that to receive full benefits, exposure to dust occurred entirely in NSW; ensuring that weekly benefits align with those in other states and territories; and the inclusion of new dust-related conditions, such as chronic renal disease, mycobacterial diseases, and silica-induced autoimmune and airways diseases.
It was also recommended that the government strengthen SafeWork NSW’s role in resolving disputes (under the Work Health and Safety Act 2011) between authorised entry permit holders and persons conducting a business or undertaking, to facilitate the provision of documents to workplace entry permit holders if there is suspected contravention.
A working group — convened by icare within six months — that brings employer groups, health experts, support organisations and unions together to design retraining and education programs for affected workers was also recommended, as was the need for enhanced mental health support for workers and families that is integrated into standard claims management, and culturally and linguistically tailored.
The report called for a national dialogue with the Commonwealth to, regarding workers compensation, preserve pension or non-monetary entitlements for dust disease sufferers; an accreditation framework for health monitoring providers; and a requirement that lung testing results be shared with icare — to improve surveillance and follow-up.
The state government said it will consider the recommendations of the report, with Cotsis stating: “No worker should face the devastating impact of a dust disease without support. These recommendations give us a path forward to make sure all workers can access medical, financial, mental health and vocational assistance, and transition into new careers if needed.”
You can read the report here, via the Parliament of NSW website.
The government response to the report is expected in September 2025.
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