Screen a New South Wales dust enquiry for Dust Diseases Care and the Tribunal
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the diagnosis and the state of the employment, list the Dust Diseases Care eligibility points on the SIRA page and the Tribunal damages path under section 11.
- What the lawyer must review
- Confirm the exposure was while employed in New South Wales before marking Dust Diseases Care as open.
- Keep statutory support and Tribunal damages as separate paths.
- Do not send a dust claim to the ordinary workers compensation insurer on this material.
- 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 Care under the 1942 Act, and the Dust Diseases Tribunal for damages
Produce. A path note separating Dust Diseases Care from a Tribunal damages claim.
Have ready. Diagnosis; State of each employment; Dust type.
Example of the limit. Illustrative example: The employment was in New South Wales and the diagnosis is mesothelioma. The tool lists Dust Diseases Care and a Tribunal damages claim as complementary. The lawyer decides which to start, and does not send the statutory claim to the ordinary insurer.
Stop and hand it back when
- No record shows employment in New South Wales.
- The output sends the statutory claim under the 1987 Act.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the diagnosis and the state of the employment, list the Dust Diseases Care eligibility points on the SIRA page and the Tribunal damages path under section 11. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- SIRA says section 4 of the Workers Compensation Act 1987 excludes dust diseases as defined by the Workers' Compensation (Dust Diseases) Act 1942, so those claims are not brought under the 1987 Act.
- SIRA eligibility is a covered diagnosis, exposure while employed in New South Wales, and death or disability reasonably attributable to inhalation of dust.
- Section 11 of the Dust Diseases Tribunal Act 1989 gives the Tribunal the damages proceeding of that kind, and says it may not be brought in another court.
- SIRA says Tribunal damages are assessed at common law, not as modified work-injury damages limited to economic loss, and that an appeal from the Authority goes to the District Court, not the Tribunal.
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
- SIRA insurer guidance GN 10.1 Dust diseases · 2026-10-23
- Dust Diseases Tribunal Act 1989 (NSW) s 11 · 2026-10-23
The statement that there is no maximum amount is SIRA 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.