---
title: "Check which New South Wales damages limits do not apply to a dust claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-which-damages-limits-do-not-apply-to-a-dust-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-9-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check which New South Wales damages limits do not apply to a dust claim

> List the section 3B exclusions that were opened, including the sections that still apply, and do not describe the text of those sections.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-which-damages-limits-do-not-apply-to-a-dust-claim/new-south-wales  
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 | List the section 3B exclusions that were opened, including the sections that still apply, and do not describe the text of those sections. |
| What the lawyer must review | Match the proceeding to section 3B(1)(b) or section 3B(1)(g). Do not describe sections 15A, 15B and 18(1). They still have a role, and their text was not opened. Keep Dust Diseases Care compensation outside the Act, under section 3B(1)(g). |
| Written for | New South Wales |
| Applies to | [Check which damages limits do not apply to a dust claim](https://ailawframework.com/practice/personal-injury-and-compensation/check-which-damages-limits-do-not-apply-to-a-dust-claim.md) |

## Checking plan

**Verify against sources**

The Civil Liability Act 2002 largely does not apply to Tribunal dust damages or to 1942 Act compensation, with stated exceptions.

- What the AI does: List the section 3B exclusions that were opened, including the sections that still apply, and do not describe the text of those sections.
- What the lawyer does: The lawyer decides which limits still apply and does not fill in the unopened exception sections.
- 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 3B(1)(b): the Act does not apply to proceedings of the kind in section 11 of the Dust Diseases Tribunal Act 1989, except sections 15A and 15B and section 18(1) in its application to damages for loss of the kind in section 18(1)(c).
2. The text of sections 15A, 15B and 18(1) was not opened.
3. Section 3B(1)(g): the whole Act does not apply to compensation under the Workers' Compensation (Dust Diseases) Act 1942.
4. SIRA says Tribunal dust damages are assessed at common law, not as the modified damages limited to past and future economic loss under the 1987 Act.

## Notes

- SIRA's statement that there is no maximum amount is guidance. It is not a section opened as a cap.
- 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.

## Practical guide

Jurisdiction: Civil Liability Act 2002 (NSW) s 3B, and Dust Diseases Tribunal damages

**Deliverable**: A limits note for a Tribunal damages claim and for 1942 Act compensation.

**Inputs**

- Whether the claim is Tribunal damages or Dust Diseases Care compensation
- The kind of loss claimed

**Example**: Illustrative example: The claim is a Tribunal damages claim for mesothelioma. The tool marks section 3B(1)(b) and lists sections 15A, 15B and 18(1)(c) as exceptions whose text was not opened. The lawyer reads those sections before pleading a loss they might affect.

**Stop and escalate when**

- The exception sections are described from memory.
- 1942 Act compensation is treated as if the Civil Liability Act applies.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) s 3B](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23)
- [SIRA insurer guidance GN 10.1 Dust diseases](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/insurer-guidance/other-nsw-wc-schemes/gn-10.1-dust-diseases) (checked 2026-10-23)

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