Peter Garrett (Kingsford Smith, Australian Labor Party, Minister for the Environment, Heritage and the Arts) Share this | Hansard source

I rise to speak on the condolence motion to take note of and commemorate the life of great service that Bernie Banton gave. I think courage is sometimes an overused word, but it was a quality that Bernie displayed in very great measure. He endured, as did many other Australians, the ravages of diseases related to exposure to asbestos dust, which, regrettably and sadly, eventually took him away. He endured the shortness of breath, the onset of mesothelioma and even the loss of his own brother, who died of related diseases in 2001.

Not only did he endure with courage and with fortitude the ravages of those diseases but he also became well known as somebody who stood up for the victims of asbestos diseases. He eventually became a leading figure in the campaign to ensure there was fair and just compensation for all those affected by James Hardie’s activities in New South Wales, including the factory in the western suburbs of Sydney that Bernie and others had worked in. This campaign became known nationally and internationally. Bernie was an indefatigable fighter in this campaign. I was pleased and privileged to have worked for a number of years with him and with other members of the Asbestos Diseases Foundation of Australia. I served for a number of years as patron of the foundation and at all times I witnessed Bernie’s extraordinary bravery, courage and fortitude.

The history of exposure to asbestos is relatively well known, but what needs to be remarked upon as we reflect on Bernie’s service and his life is that there are still many Australians who suffer from the ravages of asbestos related diseases. The miners in the asbestos mines around Wittenoom in Western Australia and the people who were exposed to building products are quite often suddenly finding they are carrying a legacy of serious health problems that will inevitably result in their premature deaths. It is a tragic epoch in Australian history that it took so long for the recognition of this terrible disease to become clear and even longer for compensation to be paid to those who suffered.

In 2000 Bernie Banton successfully settled his claim for $800,000 with James Hardie. I think any other person would have probably stopped there and tried to build some kind of life for themselves, given the ravages of the disease were still in evidence. However, Bernie then went out and, as he had previously, started fighting day in and day out for the rights of the former employees of James Hardie. His catchcry was a simple one: ‘We are going to fight until we get justice for victims and their families.’ He became a well-recognised figure on television screens, on the streets and in meetings. He absolutely refused to accept anything other than proper justice for the victims of the exposure to asbestos that had taken place when people were in the employ of James Hardie. That story is a well-known one, and the member for Charlton and others in this House were involved in that campaign. After six years of battle, it was to Bernie’s and many others’ great credit that the compensation package was finally agreed. I think that his campaigning throughout that time, quite often in significant physical distress, earnt him the respect of all Australians. He literally served his community. His was a sterling effort undertaken while having the daily battle of dealing with the symptoms of the disease.

Bernie started work with James Hardie at its Camellia facility in 1968. He left his job in 1974. Some 137 others continued to work at that facility. As of 2004, approximately only 10 of those former employees were still alive. That tragic loss fuelled what was Bernie’s anger at times but was also absolutely justifiable outrage and indignation over people having been treated in such a way, people who until such time as James Hardie finally delivered compensation found themselves struggling with the ravages of the disease and then being cast aside as a consequence of it.

Bernie Banton was made a Member of the Order of Australia in the Queen’s Birthday Honours of 13 June 2005 for service to the community, particularly as an advocate for people affected by asbestos related diseases. On 5 December there was the occasion of his funeral. His family had been offered a state funeral by the New South Wales government as testament to his enduring service, and both the Australian and the New South Wales state flags on all government buildings and establishments in New South Wales were lowered to half-mast on that date as a mark of respect. What a journey for someone who was a fighter for working people and who said continually that this issue was about justice. Despite how physically ravaged Bernie and others found themselves, there was a stronger spirit to stand up for the rights of people and to continue that campaign until justice was done.

Bernie was a warm, feisty, funny, tough and tenacious individual. He was a master of the one-liner, which got him on television on regular occasions, just as he should have been on television on regular occasions, given his message was a compelling and necessary one for Australians to hear. All of those who worked on the campaign and all of those who knew him will mark him as an individual of rare courage and considerable grit and determination. He never gave in. He never gave up hope that a settlement would be reached and that justice would be done. We commemorate his life’s experience and we offer our condolences to his family, friends and colleagues.

See this speech in context