---
title: "Compare provisional damages in the Dust Diseases Tribunal"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/compare-provisional-damages-a-further-application-and-a-terminal-lump-su/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-6-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Compare provisional damages in the Dust Diseases Tribunal

> Set out when section 11A can apply and what the two awards assume. Do not write the claim for either award.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/compare-provisional-damages-a-further-application-and-a-terminal-lump-su/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 | Set out when section 11A can apply and what the two awards assume. Do not write the claim for either award. |
| What the lawyer must review | The lawyer decides whether to ask for provisional damages. Require a proved or admitted chance of another dust-related condition. Record the award as assuming the other condition will not develop, with further damages only if it does. A choice the client signs or receives is settled by the lawyer before it goes out. |
| Written for | New South Wales |
| Applies to | [Compare provisional damages, a further application and a terminal lump sum](https://ailawframework.com/practice/personal-injury-and-compensation/compare-provisional-damages-a-further-application-and-a-terminal-lump-su.md) |

## Checking plan

**Verify against sources**

Section 11A lets the Tribunal award damages on the assumption another dust disease will not develop, and further damages if it does.

- What the AI does: Set out when section 11A can apply and what the two awards assume. Do not write the claim for either award.
- What the lawyer does: The lawyer decides whether section 11A is open and whether to ask for provisional damages.
- 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 11A applies to section 11(1) proceedings brought after the section commenced.
2. There must be proved or admitted a chance that, at a definite or indefinite future time, the injured person will develop another dust-related condition as a result or partly as a result of the breach.
3. The Tribunal may, in accordance with the rules, award damages on the assumption the person will not develop another dust-related condition.
4. It may award further damages at a future date if the person does develop another dust-related condition.

## Notes

- The rules that section 11A requires were not opened. Confirm them before a form of order is drawn.
- 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: Dust Diseases Tribunal, section 11A

**Deliverable**: A comparison of an award that assumes no further dust disease, and further damages if one develops.

**Inputs**

- Current dust diagnosis
- Medical evidence of a chance of another dust disease
- The breach said to cause both

**Example**: Illustrative example: The plaintiff has asbestosis and a physician says there is a chance of mesothelioma from the same exposure. The tool sets out the two limbs of section 11A. The lawyer decides whether the chance is proved or admitted, and writes any claim. The tool does not.

**Stop and escalate when**

- No chance of another dust disease is identified.
- The output writes the claim for further damages.

Checked 2026-10-23.

## Sources

- [Dust Diseases Tribunal Act 1989 (NSW) s 11A](https://www.austlii.edu.au/au/legis/nsw/consol_act/ddta1989243/s11a.html) (checked 2026-10-23)
- [Dust Diseases Tribunal Act 1989 (NSW) s 11](https://www.austlii.edu.au/au/legis/nsw/consol_act/ddta1989243/s11.html) (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.*