---
title: "Screen a New South Wales dust enquiry for Dust Diseases Care and the Tribunal"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/screen-a-latent-dust-enquiry-for-the-statutory-path-and-the-damages-path/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-1-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Screen a New South Wales dust enquiry for Dust Diseases Care and the Tribunal

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-a-latent-dust-enquiry-for-the-statutory-path-and-the-damages-path/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 | 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). |
| Written for | New South Wales |
| Applies to | [Screen a latent dust enquiry for the statutory path and the damages path](https://ailawframework.com/practice/personal-injury-and-compensation/screen-a-latent-dust-enquiry-for-the-statutory-path-and-the-damages-path.md) |

## Checking plan

**Verify against sources**

New South Wales gives a 1942 Act statutory claim through Dust Diseases Care and a separate damages claim only in the Tribunal.

- What the AI does: 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 does: The lawyer decides whether Dust Diseases Care, the Tribunal, or both, are open on the employment and the diagnosis.
- 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. 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.
2. SIRA eligibility is a covered diagnosis, exposure while employed in New South Wales, and death or disability reasonably attributable to inhalation of dust.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Dust Diseases Care under the 1942 Act, and the Dust Diseases Tribunal for damages

**Deliverable**: A path note separating Dust Diseases Care from a Tribunal damages claim.

**Inputs**

- Diagnosis
- State of each employment
- Dust type

**Example**: 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 escalate when**

- No record shows employment in New South Wales.
- The output sends the statutory claim under the 1987 Act.

Checked 2026-10-23.

## Sources

- [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)
- [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)

## 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.*