Attachment 16.2 Australian cases on exposure to secondhand smoke in which compensation has been paid, 1986 to 2006

1986

Bishop v The Commonwealth of Australia (Department of Defence)

Commonwealth Employees Redeployment and Retirement Appeals Tribunal. Administrative Appeals Tribunal, A85/100, 25 March 1986

Compensation: undisclosed

Claim: Allergic reaction to smoke

1986

Burchmore v Queen Elizabeth Hospital

South Australia

Listed for hearing in the South Australian Local Court, April 1986

Compensation: settled out of court; conditions confidential but believed to involve a minimum of $8000

Claim: Lung damage

1986

Hart v Ansett Airlines of Australia

Compensation Court of NSW, 23 September 1986

Compensation: $20,000 out of court settlement

Claim: Nausea, headache, respiratory symptoms

1987

Victorian Secondary Teachers Association v Ministry of Education

Workcare claim, January 1987

Compensation: undisclosed

Claim: Severe aggravation of sinusitis and acute infection of nasal passages, throat and facial bones

1987

O'Brien v Muree Golf Club

New South Wales

Workers compensation claim, Compensation Court of NSW, June 1987

Compensation: $36,500 out of court settlement

Claim: Emphysema

1988

Carroll v Melbourne Metropolitan Transit Authority

Workcare claim, Victorian Accident Compensation Tribunal, July 1988

Compensation: $65,000 out of court settlement

Claim: Lung cancer

1991

Unnamed v SA TAB

Workcover claim, April 1991

Compensation: unknown

1991

O'Keefe v seven hotel employers

Workcare claim, June 1991

Compensation: $20,000 out of court settlement

Claim: Lung cancer

1991

Voss v Victorian Government

Victoria

Workcare claim, August 1991

Compensation: unknown

Claim: Throat cancer

1992

Scholem v NSW Dept of Health

(1992) 3 APLR 45

New South Wales

Common law negligence and breach of NSW Factories, Shops and Industries Act 1962

NSW District Court, Sydney, May 27, 1992

Compensation: $85,000

(District court jury award)

Claim: Exacerbation of asthma, emphysema (chronic obstructive lung disease)

Psychologist at community health centre. Prolonged exposure at work

1992

Julian Tagell v Victorian Office of Corrections

Victorian County Court, 25 June 1992

Compensation: out of court settlement, amount undisclosed

Claim: Aggravation of asthma, respiratory tract infections, other symptoms

1992

William Stewart v Victorian County Court

Victoria

Victorian County Court, October 1992

Compensation: out of court settlement, amount undisclosed

Claim: Impaired respiratory function, emphysema, asthma

1992

Gill v Electricity Trust of South Australia

South Australia

South Australian Workers' Compensation Review Panel, No. 94-0103

Compensation: $19,981

Claim: Reduced ventilatory capacity

1994

Unnamed v radio station 3RRR

Victoria

Compensation: out of court settlement believed to be some thousands of dollars

Claim: Contraction of pneumonia

1994

John Waters v VicRoads

Victoria

Melbourne Magistrates Court, February 1994

Compensation: out of court settlement, amount undisclosed

Claim: Asthma, challenge to Workcover benefits

1994

Nurse's aide (unnamed) v Victorian Public Hospital (unnamed)

Victoria

$4000 out of court settlement

Claim: Conjunctivitis
Workcare claim for medical expenses, pain and suffering

1994

Redmond Baxter v Victorian Office of Corrections

Victoria

Victorian County Court, June 1994

Compensation: out of court settlement, amount undisclosed

Claim: Respiratory condition, headaches, nausea

Beasley v P&O Cruise Lines

New South Wales

NSW Local Court

Compensation: settlement of $3500

Claim: Misleading conduct—smokefree areas claimed in a promotional brochure not enforced on a cruise ship

1997

Koliha v Coles Myer

Victoria

Victorian County Court

Compensation: settlement of $20,000

Claim: Damages for smoke exposure in a shopping centre

1997 / 2000

Meeuwissen v Hilton Hotels of Australia Pty Ltd

Discrimination

Human Rights and Equal Opportunity Commission, complaint Nos H97/50 & H97/51; 25 September 1997 and 10 March 2000

Compensation: $2000 and $500

Claim: Discrimination under the Disability Discrimination Act 1992 (Cwlth)

Patron forced to leave nightclub due to asthma attack

2000

Andrea Bowles v Tien Tien Cafe Bar

Also referred to as

Bowles v Canton Pty Ltd

Victoria

Common law negligence

Occupier's liability (statutory)

Breach of contract

Melbourne Magistrates Court, 13 September 2000

Compensation: more than $7600

Claim: Breach of contract/agreement, breach of duty of care and occupier's liability

Patron sued restaurant

2001

Sharp v Stephen Guinery t/as Port Kembla Hotel & Port Kembla RSL Club

New South Wales

Common law negligence

[2001] NSWSC 336

Compensation: Award of $466,048, including a settlement of $166,00 against another employer defendant prior to the award

Claim: Laryngeal cancer. Exposed during employment

2005

Edge v WorkCover Corporation SA

South Australia

Compensation awarded, sum undisclosed

Bar worker exposed to environmental tobacco smoke for three years, non-smoker, tongue cancer, partial removal of tongue, years of radiation therapy, speech therapy