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Asbestos-related claims

For: Claimants Advocates

If you have sustained an asbestos-related injury or disease, you may be able to receive compensation or damages.


Comcare manages asbestos-related injury or illness claims under two pieces of legislation:

About asbestos-related claims for compensation or damages

If you have an asbestos-related injury or illness or have suffered loss or damages from exposure to asbestos, you may be able to submit:

  • a workers' compensation claim under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act)
  • a claim under the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 (ARC Act), or
  • a claim by both pieces of legislation.

Workers’ compensation claims involving asbestos (SRC Act)

If you are a current or former employee of an Australian Government agency or statutory authority, or of a self-insured licensee, and have a work-related injury or illness involving asbestos, you may be eligible to claim for workers’ compensation under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act).

Comcare is responsible for most asbestos-related claims for compensation by employees of Australian Government agencies and statutory authorities and their dependants for work-related injury or illness.

Find out more about workers’ compensation claims including eligibility and the claims process.

Other asbestos claims (ARC Act)

People who have suffered injury, loss or damage from exposure to asbestos for which the Australian Government is liable may be able to make a claim for compensation.

This claim is made under the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 (ARC Act).

If you have an asbestos-related injury or illness and have not worked for the Australian Government, you may be able to make a claim under the ARC Act.

Employees of an Australian Government agency or statutory authority may also be eligible to make a claim for an asbestos-related injury or illness under the ARC Act.

Employees of the former Postmaster General’s Department, now the Australian Postal Corporation (Australia Post) and Telstra Corporation Limited (Telstra) are not covered by the ARC Act. Any asbestos-related claims are managed by Australia Post or Telstra and not Comcare.

Comcare is responsible for claims made under the ARC Act.

This includes by:

  • former waterside workers
  • contractors and sub-contractors
  • tenants of Australian Government owned or constructed premises
  • family members of persons who were themselves exposed through contaminated clothing or other means
  • visitors
  • bystanders
  • dependants of persons in any of these categories.

An asbestos-related condition is defined in the ARC Act as:

  • asbestosis
  • an asbestos-induced carcinoma
  • an asbestos-related non-malignant pleural disease
  • mesothelioma
  • any other condition caused by inhaling asbestos dust or fibres.

How to make an asbestos-related claim

Workers’ compensation claims involving asbestos (SRC Act)

The process for making an asbestos-related claim covered by the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) is the same as for other workers’ compensation claims under that Act.

Find out more about workers’ compensation claims including eligibility and the claims process.

Other asbestos claims (ARC Act)

Common law claims for asbestos-related disease covered by the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 (ARC Act) can:

  • be made directly to Comcare, or
  • be made in the various state and territory courts across Australia.

If you make a claim through the courts, the courts will serve the claim on Comcare.

To make an ARC Act claim directly to Comcare:


More information

If you need more information about an asbestos-related claim:

Page last reviewed: 28 January 2020
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Comcare
GPO Box 9905, Canberra, ACT 2601
1300 366 979 | www.comcare.gov.au

Date printed 26 Nov 2020

https://www.comcare.gov.au/claims/making-a-claim/asbestos-claims