Build an NSW dust-disease chronology for the Dust Diseases Tribunal
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the employment, exposure and medical records, prepare a chronology and an issues list with document cites, marking a malignant or non-malignant asbestos category only where the lawyer has named the diagnosis. Do not draft material to be sworn.
- What the lawyer must review
- Check whether the claim is malignant. That category uses the shorter timetable
- You prepare any evidence for urgent case management of a gravely ill plaintiff
- Check section 3B before applying the Civil Liability Act to dust-disease damages
- Check whether a 1942 Act compensation path also exists before you advise
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 of New South Wales
Produce. A sourced chronology and issues list for the lawyer. Nothing in it is lodged as evidence.
Have ready. Employment and exposure records selected by the lawyer; Medical records and the diagnosis the lawyer has named; The list of proposed defendants.
Example of the limit. Illustrative example: The lawyer names mesothelioma. The issues list marks the claim as malignant and lists three employers with the years on the wage records. It does not draft the notice of motion for an urgent hearing.
Stop and hand it back when
- The diagnosis has not been named, so the malignant and non-malignant timetables cannot be told apart.
- The output would be lodged as the plaintiff's evidence.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the employment, exposure and medical records, prepare a chronology and an issues list with document cites, marking a malignant or non-malignant asbestos category only where the lawyer has named the diagnosis. Do not draft material to be sworn. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- The Dust Diseases Tribunal Regulation 2019 applies the asbestos claims resolution process. Mesothelioma or carcinoma is the malignant category and uses the shorter timetable. Another asbestos disease is non-malignant.
- Where the person is gravely ill, the Tribunal page says an application to leave the usual process is made by notice of motion with an affidavit and medical evidence, and a bedside hearing can be arranged. The tool does not draft that evidence.
- Section 3B(1)(b) of the Civil Liability Act 2002 excludes dust-disease damages proceedings except sections 15A and 15B and section 18(1) in its application to loss of the kind in section 18(1)(c).
- List each employer, exposure period and diagnosis with the document cite. Do not invent a trust, a defendant or an exposure date.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Authorities to trace a dust client's employment and the former employers' insurers | Letter | AI use Yellow | Authorities the client signs so the firm can ask former employers, and the New South Wales, Victorian and Queensland compensation bodies, for employment history and the insurer or claim file. |
| Letter to a former employer: employment history and the workers compensation insurer | Letter | AI use Yellow | A letter asking a former employer for the client's dates, job, sites, dust products, and the workers compensation insurer or self-insurer for those years. |
| Product identification letter for an asbestos or engineered-stone claim | Letter | AI use Yellow | A letter asking an employer, occupier, supplier or manufacturer to identify an asbestos product or an engineered-stone benchtop, panel or slab from its records. |
| Outline notice of motion to take a gravely ill plaintiff's evidence early | Court document | AI use Red | An outline notice of motion in the Dust Diseases Tribunal to remove an asbestos claim from the usual claims process and to take the plaintiff's evidence under section 24. |
| 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. |
| Request to preserve employment, product and insurance records in a dust claim | Letter | AI use Yellow | A request that an employer, occupier, supplier or manufacturer keep employment, site, product and workers compensation insurance records while a dust claim is investigated. |
| Treatment chronology from health records | Other | AI use Yellow | A page-cited chronology of treatment, complaints and findings drawn from health records, with a verification log. |
| Request for an urgent hearing where the plaintiff is gravely ill | Letter | AI use Yellow | A letter asking for an urgent hearing where the plaintiff is gravely ill. |
| Dust Diseases Care application (icare): care, support or lung screening | Form | AI use Yellow | Link to icare's Dust Diseases Care application for care and support or lung screening, including the portal groups and the declaration the applicant checks before submitting. |
| Dust Diseases Tribunal: lodging an asbestos-related claim | Form | AI use Red | Link to the Dust Diseases Tribunal's steps for an asbestos-related claim: UCPR Form 3A or 3B, then the Tribunal's statement of particulars with a Form 1 cover. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Dust Diseases Tribunal: The claims resolution process · 2026-10-23
- Civil Liability Act 2002 (NSW) section 3B · 2026-10-23
- Supreme Court of NSW: Practice Note SC Gen 23 · 2026-10-23
The Tribunal page was last updated on 8 July 2026. The business-day calendars for the claims resolution process are published separately. The timetable lengths were not copied into this version.
Practice Note SC Gen 23 allows a chronology and prohibits generative AI from generating the content of an affidavit. The same limit is the reason this task is Red.