Settlement precedes potential Sunbed banning legislation

The settlement of a gym user's claim that use of a sunbed gave him a melanoma has led to calls for a national ban on solariums.

Before Christmas, melanoma survivor Jay Allen settled his case with Fitness First after mediation. The 35-year-old had said he had regularly used a sunbed at Fitness First clubs in Campbelltown and Concord and was subsequently diagnosed with stage-three melanoma almost three years ago.

Allen's success could see Sunbed operators across Australia facing claims for damages while Allen has taken on the battle to ban solariums begun by Victorian Clare Oliver, who died from melanoma in 2007 at the age of 26.

Allen explains "with Australia throwing so much money at cancer prevention, it only makes sense to outlaw solariums."

Allen has been backed by NSW Greens MP Lee Rhiannon who highlights that more than a third of solariums in NSW act illegally and flout industry regulations.

In 2009, the NSW Government introduced regulations that prohibited people under 18 or with very fair skin from using ultraviolet sunbeds, and requiring operators to display warning signs about the risks.

But a recent audit by the NSW Department of Environment and Climate Change found that 40% of operators were not complying with the laws.

Rhiannon who claims that cancers caused by sunbeds kill 48 Australians a year, has stated "there have been attempts by the NSW government to bring in regulations, but those regulations have failed."

Most states have moved to ban minors from using sunbeds, while increasing industry regulation, following the well-publicised plight of Claire Oliver.

The NSW Government has now committed to pass legislation to increase the minimum age of sunbed users in NSW to 25 as of April and to 30 as of August.

NSW MP Frank Sartor, in his role as Minister assisting the Minister for Health (Cancer), has backed the change, a move applauded by Rhiannon, who "Mr Sartor and his team need to be applauded by introducing this new sunbed legislation.

"It's a big step in this campaign but we are still pushing for a total ban in NSW.

"Then, hopefully, we will get other states to follow."

All terms of the settlement between Jay Allen and Fitness First remain confidential.

For more information on the Sunbed Ban campaign go to www.sunbedban.com

30th July 2009 - 'NO DOUBT' SUNBEDS CAUSE CANCER