---
title: "Check a diagnosis against the Victorian dust definition and the Dust Diseases List"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-dust-diagnosis-is-inside-the-statutory-disease-list/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-3-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Check a diagnosis against the Victorian dust definition and the Dust Diseases List

> Set the diagnosis beside section 3(1) of the Administration and Probate Act 1958 and beside paragraph 2.3 of Practice Note SC CL 3, and mark named, catch-all, or not covered.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-dust-diagnosis-is-inside-the-statutory-disease-list/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Set the diagnosis beside section 3(1) of the Administration and Probate Act 1958 and beside paragraph 2.3 of Practice Note SC CL 3, and mark named, catch-all, or not covered. |
| What the lawyer must review | Match the diagnosis words to the report before marking the list. Leave the First Schedule as not opened. Mark a sinus condition against section 3(1) and the paragraph 2.3 catch-all, not as a named disease. Keep the reports in the firm tool under ASCR r 9, APP 11 and the Privacy Act 1988 (Cth). |
| Written for | Victoria |
| Applies to | [Check whether a dust diagnosis is inside the statutory disease list](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-dust-diagnosis-is-inside-the-statutory-disease-list.md) |

## Checking plan

**Verify against sources**

Victoria's dust definition includes the sinus, and the Dust Diseases List uses that catch-all plus a non-exhaustive name list.

- What the AI does: Set the diagnosis beside section 3(1) of the Administration and Probate Act 1958 and beside paragraph 2.3 of Practice Note SC CL 3, and mark named, catch-all, or not covered.
- What the lawyer does: The lawyer decides whether the diagnosis is a dust-related condition and whether the proceeding belongs in the Dust Diseases List.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Section 3(1) means a disease in the First Schedule, or any other pathological condition of the lungs, pleura, peritoneum or sinus attributable to dust.
2. The First Schedule was not opened. Do not treat a disease as named there from memory.
3. Paragraph 2.3 says the List includes, but is not limited to, aluminosis, asbestosis, asbestos induced carcinoma, asbestos related pleural disease, bagassosis, berylliosis, coal dust pneumoconiosis, farmer's lung, hard metal pneumoconiosis, mesothelioma, silicosis, silico-tuberculosis and talcosis.
4. Paragraph 2.3 does not name byssinosis. The catch-all can still apply if the condition is of the lungs, pleura, peritoneum or sinus and is attributable to dust.

## Notes

- Dependency claims arising from paragraph 2.3 are also initiated in that List, under paragraph 2.4.
- Practice Note SC GEN 25 was issued and commences on 14 May 2026. Do not enter confidential or sensitive information into a public AI tool. Evidence must be the person's own knowledge and words.

## Practical guide

Jurisdiction: Administration and Probate Act 1958 s 3(1), and the Supreme Court Dust Diseases List

**Deliverable**: A diagnosis comparison against the definition and paragraph 2.3.

**Inputs**

- Diagnosis report
- The opened definition
- Paragraph 2.3

**Example**: Illustrative example: The report describes a sinus condition attributed to dust. The tool marks the sinus limb of section 3(1) and does not mark the First Schedule as read. The lawyer decides whether the condition is attributable to dust.

**Stop and escalate when**

- The First Schedule is treated as read.
- The diagnosis words are not in the report.

Checked 2026-10-23.

## Sources

- [Administration and Probate Act 1958 (Vic) s 3(1)](https://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s3.html) (checked 2026-10-23)
- [Practice Note SC CL 3 Personal Injuries Litigation](https://www.supremecourt.vic.gov.au/sites/default/files/2026-06/SC%20CL%203%20-%20Personal%20Injuries%20Litigation.pdf) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Dust Diseases Care eligibility checklist for a statutory application](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-dust-diseases-care-eligibility-checklist.md) | Checklist | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*