Dust Diseases Tribunal New South Wales

Jurisdiction

The Dust Diseases Tribunal Act 1989, provides the Tribunal with exclusive jurisdiction to hear and determine claims for damages for dust related diseases.

What is a Dust Disease?

Schedule 1 of the Dust Diseases Tribunal Act 1989 prescribes the types of dust diseases that can be considered by the Tribunal.
 

Special provisions

There is often a long time between exposure to the dust, the appearance of symptoms and the diagnosis of a condition. For this reason, a special provision in the legislation allows claims for dust-related conditions to be bought at any time. 

The Limitation Act 1969 does not operate to prevent the bringing or maintenance of dust-related proceedings. 

The legislation also provides for an award of provisional damages where a person is currently suffering from a dust disease, but can also prove there is a chance that some time in the future, it is possible the same person could develop another dust disease.

 

The Dust Diseases Tribunal Act 1989, provides the Tribunal with exclusive jurisdiction to hear and determine claims for damages for dust related diseases.

What is a Dust Disease?

Schedule 1 of the Dust Diseases Tribunal Act 1989 prescribes the types of dust diseases that can be considered by the Tribunal.

Special provisions

There is often a long time between exposure to the dust, the appearance of symptoms and the diagnosis of a condition. For this reason, a special provision in the legislation allows claims for dust-related conditions to be bought at any time. 

The Limitation Act 1969 does not operate to prevent the bringing or maintenance of dust-related proceedings. 

The legislation also provides for an award of provisional damages where a person is currently suffering from a dust disease, but can also prove there is a chance that some time in the future, it is possible the same person could develop another dust disease.

Last updated:

08 Mar 2024

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