Asbestos has been banned in Australia for many years. Yet the deadly substance keeps turning up in public places, putting lives at risk.
Asbestos-contaminated mulch has been discovered in children's playgrounds, public parks, and schoolyards.
A series of scandalous discoveries in 2024 led to the NSW Environment Protection Agency launching its largest-ever investigation, leading to a series of prosecutions.
Hundreds of contaminated sites were discovered throughout Australia, from a girls' school in Brisbane to public parks in southwest Melbourne.
For most Australians, the prospect of asbestos-contaminated mulch seems unthinkable today. But for those who fought so hard against the asbestos industry in Australia, this crisis was an inevitability, and it has exposed the myths we tell ourselves about asbestos.
In 2003, Australia instituted a national asbestos ban. At the time Australia was one of the few countries to have banned asbestos outright.
In reality, though, most asbestos-containing products had already been phased out of the Australian marketplace in the 1980s and 1990s due to public pressure from dedicated Unions, doctors, journalists, sufferers of asbestos-related diseases, and their advocates.
In many ways, Australia was a victim of its own success – the asbestos ban was so thorough and its support so unanimous that we assumed that the scourge of asbestos had been consigned to the dustbin of history.
However, while the ban criminalised the manufacture, import, sale, or general use of asbestos, it did not simply cause every asbestos-containing material in the country to evaporate overnight. So-called “legacy asbestos” remained in situ in our houses, factories, schools, hospitals, vehicles, construction sites, and landfills, putting at risk younger generations of Australians not attuned to the dangers the archaic substance poses. After all, one of key the reasons asbestos was so popular was its durability.
It's this "legacy asbestos" that has appeared in the parks and playgrounds of our cities. Potentially, scrap from demolished buildings was incorporated into the mulch, and the old asbestos came with it.
Almost 25 years after the national asbestos ban, Australians continue to be diagnosed with asbestos-related diseases at record rates.
Mention “asbestos” to the average Australian, and it will conjure images of miners in blue asbestos mines in Wittenoom, labourers in factories manufacturing asbestos-containing products, or tradesmen building fibro houses.
But the idea that only blue-collar workers have suffered from asbestos is a fallacy. Certainly, mining, manufacturing, and construction workers have borne the lion’s share of the burden of asbestos-related diseases. But the victims who are less heard about are the doctors and nurses exposed working in hospitals, the teachers exposed in schools, white-collar workers and executives exposed in office buildings, and even several Australian politicians who have been victims of asbestos-related diseases.
The asbestos-contaminated mulch crisis originated in Rozelle, one of Sydney’s wealthiest suburbs. The shocking revelation that those most at risk during this crisis have been children simply playing in a park should shatter any preconception that asbestos is only a risk to certain segments of the Australian population.
With the passing of the national ban in 2003, many would be forgiven for assuming that the Government could ignore the asbestos issue.
However, the current asbestos-mulch crisis is evidence of a failure of governance. In short, the crisis appears to have been contributed to by a lax regulatory regime that allowed for the manufacturing of mulch using recycled construction and demolition waste containing asbestos.
The crisis highlights a critical failure of Regulators and a need for Governments to continue to investigate, legislate, and strictly enforce the presence, removal, and disposal of asbestos – and this need will remain for decades, if not longer, until Australia has been purged of all traces of legacy asbestos.
If you or someone you care about has been diagnosed with an asbestos-related disease, we encourage you to get in touch to talk about your options with one of our specialist dust diseases lawyers.
If you have been exposed to asbestos, you can register your exposure through our national register.
Our team of experienced dust disease lawyers are here to help you understand your legal options and to ensure you get the compensation you're entitled to.
Document exposure now in case you develop an asbestos related disease later. This can help you with a future compensation claim.
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