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6.52 Four such cases were considered by the Committee, and in each case, each individual told the Committee that they had encountered attitudes and approaches of hostility, rejection, disbelief, and unreasonable delay in settling their claims. In addition, the Committee was advised in camera by one litigant, that at least one
10 See, National Health and Medical Research Council, Annual Report 1998, pp 30-38.
11 See, National Health and Medical Research Council, Annual Report 1998, pp 38-45.
medical specialist involved in that person’s case heard by a state employee compensation tribunal was engaged by an operator as a medical consultant.
6.53 The Committee draws attention to the recent decision of the Queensland Court of Appeal in relation to an action of Deborah Carter-v-Ansett Airlines. The decision in that matter notes that a specialist toxicologist, Dr Pat Carroll prepared a report on Ms Carter’s case and subsequently became a consultant to Ansett.12
6.54 The Committee remains concerned at the possibility that proper procedural fairness has not been observed in these matters.
6.55 The Committee has not investigated these claims, and considers it should not investigate them further. They are matters before state workers’ compensation tribunals and civil courts. However, the Committee does consider that an appropriate independent review should be undertaken of the cases it has considered.
Recommendation 6
While the Committee is aware that the cases referred to are a matter of state jurisdiction, the Committee recommends that the Minister for Transport, in co-operation with appropriate State Ministers, appoint an experienced, retired judicial officer or eminent person who is appropriately qualified to conduct a review of unsuccessful or inordinately delayed employees’ compensation cases, pilots’ loss of license insurance, personal income protection, and with-held superannuation/other insurance claims made for personal injury and loss of employment as a result of ill health claimed to result from exposure to fumes on the BAe 146 and other aircraft. That person should be asked to report to the Minister on any conclusions they reach and whether those cases were dealt with according to requirements and appropriate standards of procedural fairness.
The Committee also recommends that the Minister table the conclusions and any recommendations it makes in the Parliament.
Test on Mobil Jet Oil II
6.56 In Chapter 3, the Committee describes the process available for independent chemical analysis of compounds, such as Mobil Jet Oil II, used by industry. In Australia, the National Industrial Chemicals Notification and Assessment Scheme is such a body.
6.57 As the Committee notes in Chapter 3, the issue of the chemical conduct of Mobil Jet Oil II and its probable effect on health is a matter of contention between Mobil, the operators of the BAe 146 and aircrew and pilots.
6.58 NICNAS has now placed Mobil Jet Oil II on its list of candidate chemicals for review and assessment. NICNAS has informed the Committee that Mobil Jet Oil II
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Air Safety and Cabin Air Quality in the BAe 146 Aircraft(94)
