Thirty years ago, the Kennett Liberal State Government slashed support for workers who were exposed to disease-causing dusts like asbestos and crystalline silica between 12 November 1997 and 20 October 1999, causing unnecessary suffering for those workers fighting for compensation. Workers whose dust exposure included employment during that timeframe had their compensation reduced for that period. This time period became known as the “Kennett Black Hole”.
Last week, with the passing of the Workplace Legislation Amendment (Accident Compensation and Other Matters) Bill 2026, that black hole was finally closed.
The legislative amendment brings significant reforms to Victoria’s dust disease laws, making it straight-forward and more fair for workers suffering from dust-related diseases to access justice.
The reforms passed by the Victorian Parliament include:
· Closing a historical gap in the law that reduced compensation for some workers based on when their exposure occurred (the Kennett Black Hole)
- Removal of time limits for dust disease claims
- Streamlining the claims process for people living with serious dust-related conditions
· The ability to seek a second award of damages if a subsequent dust-related condition develops
- The Minister required to review the dust-related condition amendments within 18 months of these changes commencing
Removing the time limits for claims recognises the medical reality of dust exposure - dust diseases are typically progressive and develop over many years or even decades, not immediately revealing their consequences.
Our legal system has historically imposed arbitrary deadlines that forced people to pursue claims before they knew how their condition was likely to progress, essentially requiring them to predict what their health will look like decades into the future when resolving a claim today. Removing the time limits protects people from being undercompensated simply because they were diagnosed early or because the full severity of their illness was not yet apparent.
The amendments broaden the conditions that qualify for a streamlined claims process from asbestos-related conditions to “serious dust-related conditions” including silicosis. The change makes accessing compensation more direct and faster for our most vulnerable workers.
The changes also protect the rights of people who develop a further dust-related condition to bring a second claim, rather than be denied justice because they had previously sought compensation for an earlier disease.
These amendments of the Accident Compensation Act go some way to ensuring that people suffering from serious dust diseases have a fair opportunity to seek justice, without unnecessary legal and procedural barriers.
Employers have a duty to provide and maintain, so far as is reasonably practicable, a working environment that is safe and without risks to health, and to monitor the conditions in the workplace. You can learn more about air monitoring at our "Breathing Easy" live show with leading occupational hygienist Kate Cole.
Read more: Labor Is Making Workplaces Safer For All Victorians | Premier