A Message from the President

Transcription

1 The Asbestos Diseases Foundation of Australia Inc. A Message from the President October 2015 News Barry Robson President, Asbestos Diseases Foundation of Australia Inc. The release of the Mesothelioma Registry latest figures show the scourge of asbestos diseases is not showing signs of slowing down. More females are now being diagnosed then ever before. This is as bad as the national road toll with over 600 Australians a year dying from Mesothelioma alone not counting Asbestosis, Lung cancer and ARPD. Yet governments don t fund enough on educating the public to the dangers, to stop the importation of asbestos goods in toys, machinery, building products, tiles and vehicles. The asbestos scourge has to be at the top of the federal governments focus, we can not let it continue, it is killing too many Australians every year. As a nation we must tell the government that more has to be done to try and put a stop to this terrible blight on this country. Give more teeth to the agency (ASEA) to stop further imports, to educate the public on the dangers of asbestos, more money on research to find a cure. There are so many ways to try and stem the flow. INSIDE THIS ISSUE WestConnex Asbestos.. 2 Loose-Fill Taskforce afternoon tea Children s crayons & asbestos..3 Developers Eyes on Hardie site...4&5 Visit from Julia Finn MP Granville.5 Rio Tinto loses court appeal....6 Central Coast Group From the Desk of Our Lawyers....8&9 Lou Williams Keytruda for PBS Barry Robson President, Asbestos Diseases Foundation of Australia Inc. Erina Community Men s Shed ADRI & Carers Day Invite AWARENESS DAY adfa to join local Shows...12 Gala Race Day. 13

2 Residents living near expansion of WestConnex not warned of asbestos piles ABC News By David Spicer Posted 11 Sep 2015 A furious resident of a western Sydney street has slammed the builders of the WestConnex for not warning locals about the discovery of asbestos. Hundreds of metres of a stretch of the construction site, for stage one of the expansion of the M4 in Granville, is now being sealed off. This week tarpaulins were placed on mounds of earth with signs on top warning of the presence of the deadly fibres. Resident Sharon Murphy only learnt of the emerging danger when she peered into the adjoining construction site. "What can I say, it is appalling. This has been a two-year-long nightmare," she said. When the ABC interviewed her on Friday afternoon, more work was being done to place covers on the contaminated earth. Ms Murphy said the company was "not adequately protecting their workers, if they have asbestos in there. They are not wearing the correct gloves or suiting". The Construction Forestry and Mining Union (CFMEU) said the discovery is not unexpected. "It could be dumping from other [fibro] houses that have been pulled down or buried in the soil from when [James] Hardy was operating," CFMEU health and safety officer Michael Preston said. The builders of the WestConnex have told residents that they were not obliged to inform them of the discovery of the asbestos because it took place within the boundaries of the project. In a statement the Rizzani De Eccher Leighton joint venture said: "The asbestos is being cleared, in accordance with the Construction and Environmental Management Plan, as the work progresses." A CFMEU inspection also agreed the clean up was being done by the book. But the union said it could take months for the contaminated soil to be either buried or removed. 2

3 Loose-Fill Asbestos Insulation Taskforce afternoon Tea Mr Steve Nikolovski from the Loose-Fill Asbestos Insulation Taskforce was very information at the afternoon tea that adfa had for it meeting on Wednesday 9th September. We had good support by members and guests to listen to Steve explain how Mr Fluffy become the terror that so many people are now living with. Q: How many houses in NSW have been affected by loose-fill asbestos insulation? A: It is not known how many properties in NSW have this type of insulation. The NSW Government has included 26 local government areas as part of the sampling program to identify the location of loose-fill asbestos insulation properties. Currently 60 properties in NSW, including one block of 38 units, have been identified as containing loose-fill asbestos. Three properties have been demolished. Q: What other material can look like loose-fill asbestos insulation? A: synthetic mineral fibre; cellulose insulation; rockwool Visit: loosefillasbestos.nsw.gov.au for information on the number of registrations, test undertaken. You can register online: registration form. asp Children s crayons now containing asbestos The ACCC has conducted testing on a range of wax crayons and has identified traces of asbestos in the following products: Dora the Explorer Personalised 32 crayons Dora the Explorer Jumbo crayons Peppa Pig wax crayons Disney Frozen Jumbo Crayons Disney Mickey Mouse and Friends Crayons Arti Crafti 16 piece crayons. The ACCC became aware of concerns about the presence of asbestos in crayons in July 2015 and has been testing products and talking to suppliers. Crayons containing asbestos are considered to be of unacceptable quality, consumers may exercise their consumer rights under the Australian Consumer Law and return crayons identified as containing asbestos to their supplier and obtain a refund. 3

4 Developers eye Hardie asbestos site Contaminated soil Huge clean-up of former factory needed What may be some of Sydney's least loved land the birthplace of asbestos manufacturing in Australia has become the latest object of desire for residential property developers. Melanie Kembrey The Sydney Morning Herald The plan to erect high-rise apartments on the former James Hardie factory site in western Sydney would require the removal of enough asbestos to fill more than two dozen Olympic-sized swimming pools. The factory has been razed, but an estimated 80,000 cubic metres of contaminated soil remains buried beneath where it once stood. This soil is contaminated mainly by asbestos waste fill but also hydrocarbon, lead and arsenic. All of which, developers hope, would be exhumed under the remediation plan for the land. The development application to clean up the site comes as the state government finalises a strategy that would potentially turn the industrial wasteland suburb five kilometres east of Parramatta into a new neighbourhood. Hardie ran the manufacturing plant in Camellia, where activist Bernie Banton worked, between 1957 and After the factory was decommissioned and the buildings were demolished, the waste asbestos was buried up to four metres deep and capped with concrete and asphalt paving. Under the application before Parramatta Council, the concrete would be broken with hydraulic hammers and lifted away beneath controlled air pressure tents. The contaminated soil would be placed into covered trucks, which would travel a dedicated path and dump the soil into an on-site containment cell to be capped by a concrete slab. It is estimated the process will take 18 months to complete and cost about $5 million. The site's owners have also submitted a proposal to rezone the land from business to mixed use to allow for potentially thousands of residential apartments with ground floor retail and public open space adjacent to the river. Two other sites in Camellia owned by freight logistics company Asciano and waste management firm Veolia have also had remediation applications approved. But the full extent of Camellia's contamination is unknown due to bad record keeping and the suburb's long history of heavy industrial use. According to the NSW Environmental Protection Authority, there are 14 contaminated sites in Camellia. It has more contaminated sites than any other suburb in NSW aside from Wagga Wagga. 4 A Department of Planning and Environment spokeswoman said a high-level review of the contamination had been carried out. The department, she said, had also commissioned a further detailed study which would investigate remediation options.

5 Local MP for Granville Julia Finn visits office in regards to the Strikwerda Principle AECOM land contamination and remediation specialist Paul McCabe said clean-up technology was mature and many waterfront developments, such as Rhodes, were on brownfield sites. With the typical sort of former industrial sites that we deal with all over Sydney and all over Australia, it's just a matter of what it costs and whether you can actually make a dollar out of developing the site," Mr McCabe said. The state government is currently considering four light rail routes around Parramatta, including one through Camellia to Olympic Park that an alliance of big business known as The WestLine Partnership is championing and says could be paid for by developers. The government is likely to announce a process to gauge the seriousness of private offers to help fund new transport proposals. The Transport Minister says the government expects to do a deal on "value capture" for the light rail line, suggesting the route through Camellia will emerge as the favoured one. "In terms of Parramatta light rail, I think it will be the first project, the first major transport project, in which we are going to have to look very closely at how value capture is applied," the Minister, Andrew Constance, said this week. "This is operating in other jurisdictions around the world, and it is operating well, and it means more infrastructure to enable and facilitate more population growth," he said. with Jacob Saulwick Read more: -former-james-hardie-asbestos-factory-site-for- apartments-in-camellia giqvh8.html#ixzz3i4ajaotl It was good to catch up with Julia Finn MP for Granville and her Secretary David Halliday. We Spoke about the Strikwerda law and the help she has given adfa by writing a letter to the Attorney General The Hon. Gabrielle Upton regarding the upcoming meeting adfa will having on Wednesday October 7th at Parliament House in Sydney with her. We spent time also talking about the new drug Keytruda, that Lou Williams is on and trying to get onto the PBS. The drug Keytruda is having great results for patients who have Melanoma and is on the PBS for this. The drug has yet to be trailed for patient who have Mesothelioma. There are a few members of adfa who are at the moment on it. The cost of the drug is very high at $9, per treatment. If the drug is placed on the PBS it will enable many to try for themesleves. I would like to thank Julia Finn MP for taking an interest in adfa and the help she has given. 5

6 6 Rio Tinto loses court appeal against asbestosis compensation ruling to dying worker Zorko Zabic By James Oaten & Elizabeth Byrne 12 Aug 2015 ABC News The High Court has thrown out an appeal by mining giant Rio Tinto against an asbestos compensation claim, setting a precedent for the Northern Territory. Zorko Zabic, 74, worked at the Gove alumina refinery in the 1970s cleaning asbestos from pipes, and was diagnosed with mesothelioma after suffering chest pains early last year. In January, the Supreme Court had ruled Mr Zabic developed the malignant mesothelioma as a result of exposure to asbestos dust and negligence by the mine operators, Alcan Gove, which has since been bought by mining giant Rio Tinto. But the court ruled against the claim because the symptoms emerged after the Workers Rehabilitation and Compensation Act, which prevents such compensation claims being made in the courts after This was overturned by the NT Court of Appeal in March. "The appellant sustained an injury of the kind defined in the act during and following his inhalation of asbestos fibres," the Court of Appeal ruling said. "That damage inevitably and inexorably led to the onset of malignant mesothelioma." In rejecting Rio Tinto's latest challenge, the High Court has upheld the Court of Appeal decision. HIGH COURT SETS PRECEDENT The arguments submitted to the High Court centred on whether the injuries suffered by Mr Zabic occurred before 1987, when the Workers Rehabilitation and Compensation Act started. Rio Tinto argued the claim for damage should be covered by the statutory workers' compensation scheme, rather than through common law. In submissions, Rio Tinto argued that mesothelioma was not contracted the moment the fibres entered the lungs. "The decision of the NT Court of Appeal was made in error," Rio Tinto's submission said. "As at 1 January 1987 [Mr Zabic] had suffered some cellular changes - but these were dormant and were likely to remain dormant." "All that had accrued as at 1 January 1987 was a risk that Mr Zabic would contract mesothelioma." Mesothelioma symptoms often emerge many years after asbestos fibres enter the lungs. Irrespective of the High Court result, Rio Tinto was required to pay Mr Zabic $425,000 in compensation. 'DISAPPOINTED WITH THE OUTCOME': RIO TINTO In a statement issued shortly after the court's decision, Rio Tinto said "our deepest sympathies remain with Mr Zabic and his family". "We accept the decision of the High Court, and whilst disappointed with the outcome, are grateful that the matter has now been resolved for all involved. We will wait to review the detailed judgement of the High Court to understand the reasoning behind the decision," the statement reads. "Our deepest sympathies remain with Mr Zabic and his family. "This case was not about trying to deny Mr Zabic's ability to access compensation, as he has always been able to seek compensation through the Northern Territory workers compensation scheme. "The reason we pursued this matter was simply to confirm what has been widely understood to be the correct application of the relevant Northern Territory legislation, that claims such as Mr Zabic's should be made under the statutory workers compensation scheme rather than the common law." "This decision will pave the way for the many asbestos victims in the Northern Territory who have previously been denied justice to come forward and seek redress for themselves and their families," he said.he said workers in the NT injured prior to January 1987 would now be allowed to use common law to get fair and reasonable entitlements and compensation, without having to rely only on the existing workers' compensation scheme.

7 Central Coast Asbestos Diseases Support Group Support, information & advocacy for people living with asbestos diseases. Maree Stokes, Vice President ADFA Co-ordinator Central Coast Asbestos Diseases Support Group President Barry and I attended Penrith Agricultural Show on Saturday 29 th and Sunday 30 th August adfa had an information booth to speak and distribute our information brochures this is part of the federal government Asbestos Safety and Eradication Agency s initiative. I would like to thank member Laraine Matterson for joining us and helping with the set up on that weekend. We distributed information brochures to 130 people who visited our booth. Adfa executive committee will be attending various other seminars and expos on behalf of ASEA including the Australian Men s Shed Expo in Newcastle from 17 th -20 th October. The Men s Sheds are a large organisation and many of these men have worked in the building trade and may have been exposed to asbestos at some time we hope that our information can be of assistance. I have personally spoken at a few Men s Sheds on the Central Coast. Support Group Meetings 4th Wednesday of every month 1pm 3pm Ourimbah Bowling Club 6 22 Pacific Highway, Ourimbah NSW Contact: Maree Stokes The Central Coast Support Group (CCADS) welcomed a new visitor at our last meeting and I hope we have been able to give help and comfort with her mesothelioma diagnosis. The members are enjoying our 12pm lunches at the Ourimbah Club prior to our meetings which commence at 1pm. Our next support group meeting Wednesday 21 ST October there will NO MEETING ON WEDNESDAY 25 TH NOVEMBER AS THE AWARE- NESS DAY IS ON FRIDAY 27 th NOVEMBER A BUS WILL BE OR- GANISED TO TRANSPORT THE GROUP MEMBERS TO SYDNEY. Cheers for now, Maree Stoke Don t forget, be involved with

8 From the Desk of Our Lawyers KEYTRUDA TREATMENT FOR MESOTHELIOMA Over the last few months there has been a development in relation to a second line treatment for mesothelioma. Keytruda is an immunotherapy drug that has had some success in treating melanoma. The drug is an immune check point inhibitor. As cancers develop they paralyse the immune system so that the body is unable to destroy the cancer. This involves a pathway known as PD-1. Keytruda inhibits PD- 1 and enables the immune system to fight the cancer. As the drug works on the immune system it is not cancer specific. Merck recently trialled the drug in relation to mesothelioma. In a study presented at the American Society of Clinical Onvology in April 2015, 25 patients with mesothelioma, all who had previously received standard chemotherapy and whose tumours had progressed, were treated with Keytruda. Out of the 25 patients, 7 patients achieved a partial response (reduction of tumour) while 12 patients had stable disease (no growth of tumour), a disease control rate of 76%. The author of the Abstract noted "The 76% disease control rate in this previously treated malignant pleural mesothelioma population is unprecedented and warrants further study." These results suggest that the data for mesothelioma is likely to be consistent with those in non-small cell lung cancer and melanoma. Following the success of the initial clinical trial, a Phase II clinical trial is now being undertaken in the US with results expected in Keytruda is now being offered by many oncologists as a second line treatment for mesothelioma. Prior to Keytruda, second line chemotherapy has been offered although the clinical data in relation to the success of second line chemotherapy shows that it has a less than 10% success rate. Keytruda treatment is given once every three weeks intravenously. Side effects do not seem to be significant and less than those following chemotherapy. Those who will benefit from the treatment (in melanoma about 50% of people have responded to the drug) appear to do so at an early stage, within the first 4 to 6 treatments. There is anecdotal evidence that Keytruda is successful in treating mesothelioma patients in Australia. ADFA member, Lou Williams, has been having Keytruda treatments for approximately 6 months and in this time has seen her mesothelioma tumour reduced significantly. Lou's experiences are described in her blog ( asbestosaustralia.blogspot.com.au/2015/08/mesothelioma-keytruda-amazement.html?spref=fb). Keytruda costs approximately $9, per treatment. At present Merck is offering to pay for 3 of the first 6 treatments (the 2nd, 4th and 6th treatments). This means that it will cost approximately $30, for the first 6 treatments, by which stage an assessment should be able to be made as to whether the treatment is working. If the treatment is successful then it will continue on a 3 weekly basis at a cost of $9, for at least 2 years, totaling approximately $300, At present Keytruda is on the PBS only in relation to melanoma. Mesothelioma sufferers who have a current claim at common law can seek the cost of Keytruda treatment. The test as to whether a defendant is required to pay treatment expenses is whether the expenses are reasonable in the circumstances of both the plaintiff and the defendant. There are a number of cases on foot where the cost of Keytruda has been claimed. Defendants have challenged their liability to pay for the treatment and we are waiting for a decision of the Court. We are however hopeful that a Court will award the cost of Keytruda (at least the cost of the first six cycles with some allowance for the likelihood that the treatment may be successful and continue) where the treatment has been prescribed by the treating oncologist and in the context of promising early results from the Phase I clinical trial and the lack of any effective second line treatment for mesothelioma. 8

9 Applications have also been made to the Dust Diseases Board for the payment of Keytruda. To date the Dust Diseases Board has declined to make payments on the basis that the drug is not TGA approved. The test however in relation to the treatment expenses payable by the Board under the Workers Compensation Act 1987 is whether the treatment is 'reasonably necessary'. For persons who have already settled a claim at common law and been refused the treatment cost for Keytruda by the Dust Diseases Board, there is an avenue to appeal the decision of the Dust Diseases Board. Such an appeal is brought in the District Court of New South Wales. In a no cost jurisdiction which means that if the case is not successful you will not be ordered to pay the Board's costs. If any ADFA members have any queries in relation to the cost of Keytruda and whether they can claim the cost at common law or seek to claim the cost from the Dust Diseases Board then please do not hesitate to contact me on (02) Tanya Segelov You can contact Turner Freeman on their Toll Free Number : Keytruda on PBS (Pharmaceutical Benefits Scheme) for Mesothelioma - life saving drug! Please use the link shown and sign the petition and share, thank you Lou Williams Lou Williams Win News TV interview on life saving drug Keytruda. I am campaigning to have this drug fast tracked on the PBS for others with Mesothelioma (Asbestos cancer) as it has shown great promise in treating this cancer and need your help to do so. I believe those living with Mesothelioma should have the option of this drug Keytruda (in discussion with their oncologist) and not have the worry of finding the expensive funds to have the infusion every three weeks. It has shown to kickstart the immune system and in turn fight the cancer cells. It has done this with me - I have peritoneal and pleural mesothelioma and was literally on death's door! Daily I am contacted by others with Mesothelioma wanting to have Keytruda and because of the expense cannot do so. Mesothelioma cancer is brutal, aggressive and very painful, we simply do not have the time to put our life on hold until the Keytruda issue is 'debated'. Please sign and share. Thank you. Lou Williams, Diagnosed 2003 with Peritoneal and Pleural Mesothelioma. Social Media Voice ADFA (Asbestos Diseases Foundation Australia) Australian Director, GBAN (Globan Ban Asbestos Network) 9

10 Kindly sent to us from Seniors on the Coast and Bev Grant (member) January/February Issue Phone: (02) Address: 54 Hills St, North Gosford If you would like to receive this magazine please contact by phone or Seniors on the Coast. 10

11 C a l l J o c e l y n o n I f y o u w o u l d l i k e t o c h a t c o n f i d e n - t i a l l y p l e a s e c a l l J o c e l y n. Tuesday Thursday 9am 3pm Jocelyn brings many years of nursing experience to ADRI to support patients with malignant mesothelioma and their carers. Jocelyn can provide up-to-date clinical information and offer support. She works in collaboration with other health care professionals to ensure a multidisciplinary approach is provided. As part of the ADRI team she is informed of the latest research studies and clinical trials. Carers Day 2015 The Asbestos Diseases Research Institute invites you to attend our free Carers Day. We chose this day in Carers Week to say a special thank you for being a carer of someone with mesothelioma. The day is all about you! DATE: Wednesday 14th October 2015 TIME: 9:30 am to 3:00pm VENUE: Wolfies on The Rocks, Sydney GUESTS: will be: Rebekah Giles. An inspirational female, wife, mother and very successful lawyer. She will share her personal story of adversity and resilience. Not to be missed. Elise Jaye. Attention to my time : an interactive session that will equip you with self- care skills to nourish your body and soul. Tara Langsford. Fashion Stylist offering Tender Loving Care. Tara will help you find your individual look through personal fashion styling and reconnect you with who you really are. RSVP: As soon as possible or at least by 7th October 2015 to: Kim on or Kim.hadley@sydney.edu.au or Jocelyn on or Jocelyn.mclean@sydney.edu.au Awareness day Asbestos Diseases Foundation of Australia Inc. Australian National Maritime Darling Harbour 27 November :30 arrival 11am start Proudly Sponsored by 11

12 Barry Robson, Maree Stokes and member Laraine Matterson had a very successful weekend at the Penrith District Show with many people stopping to ask and enquire about asbestos and what to do or who to contact. They gave out 130 bags filled with adfa s information booklet, pamphlets & merchandise. The weekend was a beautiful weekend and the warm weather certainly made the show a great success. We had the unfortunate position of being close to the stage so by the end of the weekend ear muffs would have been a great accessory to have but enjoyed by all who helped. The Executives will also be attending the 6th National Conference of the Australian Men s Shed Association in October to be held at Grand Venues of Newcastle Newcastle Concert Hall and Cummings Room. Men s Sheds primary objective is to advance the health and wellbeing of members by providing a safe, friendly environment where men feel they belong and are able to work on meaningful projects in the company of other men. The 6th National Conference is expected to attract over 400 delegates and aims to promote the spread of Sheds throughout the nation. 12

13 LADIES & GENTLEMAN, Join Us For Our Main Event The Asbestos Diseases Foundation of Australia Inc. Gala Race Day 2015 Saturday 31 st October Derby Day The Asbestos Diseases Foundation of Australia Inc. (adfa) is a not-for-profit organisation working to provide support to people living with asbestos related diseases, family members, carers and friends. adfa is a community based group founded by the union & concerned citizens to meet the needs of people affected by asbestos related diseases and has a long history of being engaged in advocacy work within the Australian community. adfa works to provide information to the community as to the dangers of asbestos. Our aim is to reduce the number of people exposed to asbestos and future incidence of asbestos related disease in the Australian community. We support members living in metropolitan and regional NSW. We are actively engaged in health promotion initiatives in the provision of education to the wider community. Help us support ADFA s vital funding for asbestos suffers and their families by purchasing a Race Sponsorship Package. Watch each race in comfort in The Grand Pavilion while enjoying a three course meal, fine wines, beer and soft drink, with the added convenience of betting facilities within the room. Fantastic items will be available in the silent and live auctions and raffle prizes and games. Rosehill Gardens is easily accessible for all visitors. There is ample free parking and the venue is serviced by public transport, including a train station at the front door at Rosehill Gardens. ADFA are proud to support the Asbestos Diseases Research Institute (ADRI) ONE NOT TO BE MISSED PLACE YOUR BETS - HERE THEY COME RACE SPONSORSHIP PACKAGE Entry into Racecourse One Table of 10 includes lunch & beverages Naming rights to one race One full page mono advertisement in RACE BOOK One on course sign on day 10m x 1m in strategic position Signage at Winning Post for sponsored race Sashing of Winning horse in race & framed sashing photo with winning horse 13 Associated media coverage All races shown live via TVN in over 2,000 pubs and clubs Australia wide plus NX, Fiji, Hong Kong, Foxtel Digital via homes and on Broadband. All races are broadcast live via 2KY Radio. Full Sponsorship: $12,000 (GST inclusive) - includes 10 tickets to the event for you & your guests. Alternatively Single Tickets: $200 (GST inclusive) or a Table of 10 $2,000 (GST inclusive).

14 Thank you to our Members 14

15 Thank you to our Members Action Demolition & Asbestos Removal Pty Ltd 15

16 Asbestos Diseases Foundation of Australia Inc. Suite 3, Ground Floor Parramatta Road P.O. Box 484 Granville NSW 2142 Toll Free: Phone: (02) B A N SBESTOS NOW!