House debates

Wednesday, 6 September 2023

Bills

National Occupational Respiratory Disease Registry Bill 2023, National Occupational Respiratory Disease Registry (Consequential Amendments) Bill 2023; Second Reading

4:42 pm

Photo of Rebekha SharkieRebekha Sharkie (Mayo, Centre Alliance) Share this | | Hansard source

Unlike many historical forms of silicosis, screening programs in Australia have meant that the disease has been detectable in early stages in many workers. If silicosis is found at an early stage, the trial procedure known as a whole lung lavage is showing a significant radiological improvement in people presenting in the early stages of the disease. Unfortunately, this has been a very small, recent trial involving only six male patients and we cannot yet know of the long-term outcomes and overall effectiveness of this procedure. What we do know though is that early detection of such diseases is paramount to improving outcomes for patients.

Allowing for a registry will mean that there is a greater opportunity to monitor the number of Australians being impacted by silicosis. Most importantly, it will provide a sound foundation for further research to be conducted into silicosis to help with prevention, management of symptoms and hopefully one day a cure. Mandatory reporting to a national body will allow for early detection, which is crucial to the outcome of the patient, but it also protects other workers as it may flag a potentially dangerous workplace so that it doesn't continue to cause harm to more workers. By enabling research, the registry could also show that protections considered adequate by business against inhaling RCS may not be sufficient in practice to prevent breathing in the very fine particles which cause such damage.

I understand that there have been concerns raised by physicians about the extra work of having to report to the registry, but I believe the bill provides a balanced reporting obligation and this small inconvenience would lead to greater beneficial outcomes for Australians exposed to RCS, their families and their workplaces and their communities as a whole.

In June this year, I attended a lunch in my community. It was for the Asbestos Victims Memorial Day service. A wonderful woman, Catherine Wegener, lost her husband to asbestosis, and across the Fleurieu she has created a support network. What was so very sad about the day is that it was a room largely full of women, widows, who do not have their husbands by their sides simply because of a disease that they caught when they were in the workplace. I heard the stories of many widows whose husbands had suffered. This is 20 years after banning the sale, manufacture and importation of asbestos. Yet, the stories of the women who nursed their husbands through what is an incredibly awful death were horrendous.

That's why I believe it is so important for us to be at the forefront of this. We need to raise awareness of this new emerging trend in silicosis, which is very much affecting young tradies. We need to enable collection of data on the disease and on those impacted, and we need to facilitate research to fight this and make sure we do this effectively. I do not want to see history repeating itself. Those women who are in their 60s and 70s, who were alone at that lunch, had been, I'm sure, hoping they would get to enjoy a retirement with their husband—that they would perhaps be one of those lucky couples, those grey nomads hitching the caravan to the back of the car and travelling around Australia together and enjoying those retirement years. But that was taken away from them. It was taken away from their husbands and it was taken away from these women. We cannot repeat that. I commend this bill and I commend the government for their actions on this registry.

4:46 pm

Photo of Zaneta MascarenhasZaneta Mascarenhas (Swan, Australian Labor Party) Share this | | Hansard source

Thank you to the member for Mayo for that passionate speech. I can't imagine what it would be like to be in a room full of widows that had wonderful husbands who died because of occupational health and safety conditions not being good enough. It sounds like it would have been really heartbreaking to witness that. One of the things that is really important about this place is that we make structural changes to improve the lives of others. So I commend the National Occupational Respiratory Disease Registry Bill 2023 and the related bill to the House. I rise with a deep sense of responsibility for the debate on this legislation. It is based on a principle that everyone deserves to go home safely. This is something the Albanese Labor government not only believes but is prepared to legislate.

This is a bill of grave concern to my community, because what we have seen is a prevalence of lung disease in our community, in particular silicosis. We have been seeing silicosis increase in the community, and it is increasing at an alarming rate. It is entirely unacceptable that we are seeing this increase. However, this is a government that is not only listening but is acting as well. These reforms aim to bolster the prevention of occupational respiratory diseases. They also look at the ways we can improve treatment for individuals who have contracted occupational respiratory disease due to workplace exposure.

Silicosis, for those who may not be familiar, is a devastating and irreversible lung disease. I hope that no-one here ever catches it or has to witness a family member go through that. It' s a disease that is triggered by the inhalation of silica dust. Silica is very common. It's a mineral found in sand, quartz and various types of rocks. The chemical formula of silica is SIO2. It looks like there are some students here who might know the chemical formula of silica. It is an inert substance, but in dust form it is very vicious and can be debilitating, particularly if it ends up in the lungs of humans.

This is a disease that primarily affects workers who are exposed to silica dust. Predominantly, the workers affected are in construction and mining related industries. It's debilitating, and often those who catch silicosis endure very long symptoms of shortness of breath, persistent coughs and fevers.

It's really unacceptable that nothing has been done until now. I think that part of the rise of this disease is related to Australia's obsession with renovations. That is something that we saw an uptick in during the pandemic. Everyone was at home and wanting to utilise their home and were thinking about renovating kitchens. One of the main causes of this relates to manufactured stone benchtops. Often what we have seen is workers setting up these benchtops have been exposed to silica dust.

Occupational health and workplace safety matters. It is something that's really close to my heart, particularly because I grew up in a mining town. One of the things that would happen from time to time was rockfalls that could have been prevented. Sometimes people would say, 'There's been a rockfall today,' and then that rumour would go through the school and children would think: 'Was my dad affected by that rockfall? Was he hurt? Did he die?' My dad is from a generation of metalworkers who have fewer than 10 fingers. Dad has 9½ fingers. The thing that this government fundamentally wants to see is that all workers get home safely.

The thing I would say as well is that we have seen issues that have happened in workplaces time and time again. One of my close girlfriends is an asbestos lawyer. When I say 'asbestos lawyer', I don't mean she is on the side of the asbestos companies. Rather, she has been on the side of mesothelioma victims. I know that there have been members of this place on the other side, such as a previous member for Curtin, who have been on the other side of that debate. Quite frankly, I think it's important that we stand with workers and understand some of the challenges that they go through. For my solicitor friend who has acted for clients, one of the things that's sometimes really challenging is when she is litigating a case for a client that has mesothelioma and before the end of the case unfortunately the client has died. I think that that's incredibly heartbreaking. So we need to make sure that we try to prevent this from happening.

This bill serves as a stark reminder of the importance of timely information, particularly when it comes to this deadly disease of silicosis. It's not acceptable to find out when it's already too late. It's devastating for individuals and it's devastating for families. Fundamentally, what we need is the data to prevent such diseases from occurring in the first place. We must have the data to improve the treatment of the individuals who have contracted these diseases due to circumstances beyond their control. Fundamentally, it's the concept of: if we're not measuring it, we can't manage it. These are individuals who have merely been striving to earn a living, provide for their families and build a brighter future, but unfortunately it's been at the expense of their health.

This legislation establishes a national registry which will house vital information that prevents silicosis but also helps with the treatment of silicosis. It will facilitate and capture appropriate information which can be shared of critical data. This is a recommendation that was put forward by the National Dust Disease Taskforce. The establishment of this register follows extensive consultation with physicians, health advocacy groups, the mining industry, the construction industry, as well as unions.

I commend the minister for her resolute commitment in proposing this bill and acting on the recommendations to establish the registry. This government is one that takes decisive action. While the previous government may have been aware of the gravity of the situation, they failed to implement the reforms that were needed to prevent workers' exposure to hazardous dust and also support those already affected. Those opposite will close their eyes, block their ears and effectively turn their backs. I have to say that mighty Minister Kearney is a woman of action and she, indeed, has acted. I could say that is because she is a nurse, but the truth is you don't need to be a health professional to understand the devastating impact of silicosis.

I had the privilege of hosting the minister in my electorate of Swan just last week. We visited several aged-care facilities and a local health clinic dedicated to women's health. Through her visit, I witnessed the minister's unwavering commitment to her portfolio and a genuine concern over the issues facing our healthcare system and the way it impacts Australians; I think this is something all Australians witnessed earlier this week on Q+A. The member for Cooper's interactions with individuals in these settings highlights the commitment to assist people regardless of their circumstances or background.

I'd also like to express my gratitude to the minister for the visit to Swan. During that visit, we also had the honour of meeting Arthur Leggett, a remarkable individual and Western Australian war hero who, in just a few days, will celebrate his 105th birthday. Despite being a little bit hard of hearing and finding it a bit difficult to keep up with his bush poetry, he retains a sharp mind and a delightful sense of humour. Arthur resides at the Kalinga aged-care home in High Wycombe; it is a wonderful facility in my electorate. The visit showcased the minister's empathy and compassion for those facing healthcare challenges and her readiness to listen and take action. As a government we prioritise listening to the concerns of those affected by our decisions.

Consequently, we have moved forward with this initiative, which has received strong support from state and territory governments as well as the union movement. The unions are confident in the bill's provisions and the supports it offers through the national registry in ensuring compliance with health and safety standards in the workplace. The registry will also provide valuable assistance in understanding occupational respiratory disease within each jurisdiction.

This government is committed to getting the job done, and the establishment of this registry is a testament to our dedication to the health and safety of Australian workers. The registry will capture and share data on the incidence of occupational respiratory diseases, and the agents responsible for these conditions. If you think about it, by pinpointing the last known exposures, we can actually isolate and track threats and risks to workers much more effectively.

I note the responsibility for recording diagnoses will be entrusted to medical specialists. This ensures the records are professional and kept up-to-date. This will facilitate the future sufferer's access to records of diagnosis and treatment. Additionally, the implementation of an online portal will simplify the process for medical professionals to record and maintain this essential information without adding unnecessary administrative burdens.

While the bill promotes simplicity and efficiency, it also includes provisions for penalties in the event of a failure to notify the registry. This is a sensible step when the health and quality of life for silicosis sufferers is at stake, and it is essential for preventing future cases. I acknowledge that unions may wish to see the registry's scope expanded. To accommodate such future developments, the government has cleverly designed the bill to allow for expansion after a period of operation and review. As a government we must ensure we have structures that look after workers, and this bill marks a significant step forward in safeguarding the health and wellbeing of our workers and strengthening our commitment to tackling occupational diseases in Australia.

Together, let's ensure that all Australians, regardless of their occupation or location, are safe to go to work. In conclusion, I commend the bill to the House.

4:59 pm

Photo of Jenny WareJenny Ware (Hughes, Liberal Party) Share this | | Hansard source

I rise to speak in support of these two bills, the National Occupational Respiratory Disease Registry Bill 2023 and its consequential amendments bill. These bills are in response to the growing incidence of occupational lung disease, which is now becoming quite prevalent particularly in the building and construction industry, and particularly silicosis, a disease we are unfortunately becoming all too familiar with. There are a number of other lung diseases this bill seeks to address as well, and I will refer to those.

These lung diseases are particularly prevalent now in younger Australians, often males employed as stonemasons, particularly in the engineered stone industries. A lot of my electorate of Hughes is employed in the building and construction industry, and as a result I've been approached by constituents to speak on this bill. I also recently met with a new business that has just started up in my electorate. It's called Art of Marble. It's located in Moorebank. The business owner, Jerome Lafforgue, spoke to me very recently about occupational lung diseases and asked me to support his employees and those within this sector.

The National Occupational Respiratory Disease Registry Bill 2023 and the National Occupational Respiratory Disease Registry (Consequential Amendments) Bill 2023 will create a legislative framework to establish and manage the National Occupational Respiratory Disease Registry, delivering on a recommendation of the National Dust Disease Taskforce. I was present today in this place to hear the member for Swan speaking. While I agree overall with the comments that the honourable member made in relation to her investigation of the legislation and the way that she spoke about it, I think it's important to note that the bills have been built on the work of the former coalition government, which first established the National Dust Disease Taskforce in 2019. This taskforce was set up to investigate the growing number of silicosis cases, particularly in individuals working in the engineered stone industry. At that stage, the coalition government committed over $16 million to establish that taskforce and also included funding to address key recommendations from its final report. That is where these bills had their infancy.

This package of legislation builds on a former coalition commitment to address the increased incidence of silicosis and other occupational respiratory dust diseases in Australia. The legislative package overall demonstrates the coalition's support to continually improve occupational safety of Australians. I respectfully disagree with the member for Swan's comments that it is only Labor governments that support the rights of workers and a safe workplace. Coalition governments have been equally if not more supportive, particularly in this space. There has also been tremendous support from business groups within the engineered stone industry, demonstrating that businesses—many of whom are small businesses—similarly prioritise the safety of their employees.

The way that the bills are framed, the national registry will require respiratory and occupational physicians to notify diagnoses of occupationally caused silicosis, including any exposure details, and will allow for voluntary notification of other occupational respiratory diseases. The national registry will also capture respiratory health data to aid the detection of new and emerging threats to workers' respiratory health, prevent further worker exposure, inform incidence trends and assist in targeting and monitoring the effectiveness of interventions and prevention strategies. These were all recommendations that came out of the initial taskforce. The consequential amendments bill then deals with protected information and privacy issues that relate to the freedom of information legislation, and that bill is also supported.

The bills have been through many stakeholders. The scope, design, contents and operation of the national registry have been discussed with representatives from peak medical professional bodies as well as representatives from each of the state and territory governments. Consultation on an exposure draft of the bills with key stakeholders included physicians, other health groups, the states and territories, industry groups, business groups and unions. This was all undertaken last year.

I will move now to the purpose and structure of the bills. The occupational lung diseases that will be covered by the National Occupational Respiratory Disease Registry—or the registry, as I will refer to it—are respiratory conditions that, through occupational exposure to a hazard, are associated with specific diseases.

That hazard can come in various forms. It can include dust, microorganisms and gases, and they have been linked to a number of conditions. There are three broad conditions, and they are pneumoconiosis, such as asbestosis, silicosis, and for coal workers' pneumoconiosis, which is often known as black lung disease. It includes chronic obstructive pulmonary disease and also lung cancer.

The number of people in Australia who are living with these occupational lung diseases is unknown, although what is known is that the rate is growing. There are several factors that can impact the identification of occupational lung diseases. One of the issues with the diagnosis is that often chronic silicosis and asbestosis may not be diagnosed for many years after the initial exposure, and that's why the work of the task force in these bills is very important. They help to identify and change behaviours within the workplace to ensure that, as far as possible, workers within these industries are not contracting these diseases. What has particularly come to the forefront in recent years has been the re-emergence of silicosis, which is caused by the inhalation of crystalline silica, and this is, as I've pointed out already, seen particularly in the engineered stone sector. There has recently been a big increase in the number of householders who want this stone in their kitchens and their bathrooms, so we need to ensure that this can still be available to them but done in a way that workers working within those industries are not exposed to chronic lung conditions.

I'll turn now to some of the statistics on those diseases, which are not great. The Cancer Council has estimated that approximately 587,000 people had occupational exposure to silica dust in 2011. Based on that figure the Cancer Council estimates that close to 6,000 people will go on to develop lung cancer in their lifetime due to that exposure. Researchers have estimated about one per cent of the Australian adult population in 2016, approximately 10,400 people, will develop lung cancer as a result of exposure to silica dust in their workplace. Clearly, these numbers are alarming, and they indicate something that we need to address.

When the task force was established in July 2019, it provided initial advice to the then minister for health, Professor the Hon. Greg Hunt, in late December of that year. There were various fundings and five early recommendations, and I will deal very briefly with those early recommendations, which are now finding their way into this legislation. The task force said that what was very important was that a prevention strategy was developed and implemented and an initial education campaign was also implemented. The task force also said there needed to be a national approach to capture data information, collection and sharing, and research to better understand accelerated silicosis with an aim to improve prevention and treatment options. This will be through the establishment of this registry because that is what the registry does to adopt the recommendations of that initial task force.

To conclude, the occupational health and safety of Australian workers is of the utmost importance to those on my side of the House and also to those in the business community who employ these workers. The building and construction industry is an extremely large employer throughout our country, and it's a large employer in my electorate. It drives productivity within our country. We have an identifiable occupational risk to those working within the engineered stone industries, particularly in terms of respiratory diseases, which are preventable although not curable.

It is therefore more than appropriate—it is essential—that in this place we do all that we can to address these unknown risks and look at future protection of workers within these sectors. The establishment of the National Occupational Respiratory Disease Registry, which is the subject of these bills, will build on the task force's early work and will assist with the prevention of these chronic and dreadful diseases into the future. For all those reasons I commend these bills to the House.

5:10 pm

Photo of Ged KearneyGed Kearney (Cooper, Australian Labor Party, Assistant Minister for Health and Aged Care) Share this | | Hansard source

I thank all the members for their contributions to debate on these bills. The National Occupational Respiratory Disease Registry will aid the detection of new and emerging threats to workers respiratory health, inform incidence trends, help inform actions to be taken to reduce further worker exposure, support research into occupational respiratory diseases and assist in targeting and monitoring the effectiveness of interventions and prevention strategies. The national registry will achieve this by capturing and sharing data, where appropriate, on the incidence of occupational respiratory diseases and their respiratory disease causing agents; the last and main exposures to agents that can cause respiratory disease, including the place of business, industry, occupation and job task; and respiratory health data. The creation of the national registry will better protect workers from silicosis and complement a wide range of other actions being taken by the government.

Question agreed to.

Bill read a second time.