Check a diagnosis against the New South Wales dust disease schedules
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set the diagnosis beside section 3 and Schedule 1 of the Dust Diseases Tribunal Act 1989, and mark named, catch-all, or not covered.
- What the lawyer must review
- Match the diagnosis words to the report and then to Schedule 1.
- Do not add the sinus. Section 3 does not include it.
- Confirm the 1942 Act schedule separately. That page was not opened.
- Keep the reports in the firm tool under ASCR r 9, APP 11 and the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Dust Diseases Tribunal Act 1989 s 3 and Schedule 1
Produce. A diagnosis comparison against Schedule 1 and the catch-all.
Have ready. Diagnosis report; Schedule 1; Employment state.
Example of the limit. Illustrative example: The report says systemic sclerosis attributed to silica dust. The tool marks it as a Schedule 1 disease. The lawyer still checks New South Wales exposure before treating Dust Diseases Care as open.
Stop and hand it back when
- The 1942 Act schedule is treated as read.
- The sinus is marked as included.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Set the diagnosis beside section 3 and Schedule 1 of the Dust Diseases Tribunal Act 1989, and mark named, catch-all, or not covered. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 3 means a disease specified in Schedule 1, or any other pathological condition of the lungs, pleura or peritoneum attributable to dust.
- Schedule 1, read on AustLII, lists 19 diseases, including mesothelioma, silicosis, silico-tuberculosis, silica-induced carcinoma of the lung, systemic sclerosis, hypersensitivity pneumonitis and pneumoconiosis of any form.
- SIRA says Schedule 1 to the 1942 Act lists the same 19 diseases. That schedule page was not opened.
- Dust Diseases Care eligibility still requires New South Wales employment exposure and reasonable attribution, not only a name on the list.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Dust Diseases Care eligibility checklist for a statutory application | Checklist | AI use Yellow | Checklist for a Dust Diseases Care eligibility screen: a covered diagnosis, exposure while employed in New South Wales, and a resulting disability. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Dust Diseases Tribunal Act 1989 (NSW) Schedule 1 · 2026-10-23
- Dust Diseases Tribunal Act 1989 (NSW) s 3 · 2026-10-23
- SIRA insurer guidance GN 10.1 Dust diseases · 2026-10-23
The official in-force Act page opened as a contents list. The section text was read on AustLII.
The Dust Diseases Tribunal practice-notes index opened on 23 October 2026 has no generative AI note. Do not treat a Supreme Court note as the Tribunal rule. Do not enter confidential information into a public tool.