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

# Screen a Victorian dust enquiry for proclaimed-disease compensation, Dust Diseases List

> From the diagnosis and the work process, list whether the WorkSafe proclaimed-disease page covers it and whether Practice Note SC CL 3 says the damages claim starts in the Dust Diseases List.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-a-latent-dust-enquiry-for-the-statutory-path-and-the-damages-path/victoria  
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 work process, list whether the WorkSafe proclaimed-disease page covers it and whether Practice Note SC CL 3 says the damages claim starts in the Dust Diseases List. |
| What the lawyer must review | Confirm the diagnosis and the work process against the records. Do not say work need not be proved until the current proclamation is checked. Choose the damages list only when paragraph 2.3 covers the condition. Keep the reports in the firm tool under ASCR r 9, APP 11 and the Privacy Act 1988 (Cth). |
| Written for | Victoria |
| 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**

Victoria splits a proclaimed-disease compensation claim from a Dust Diseases List damages proceeding.

- What the AI does: From the diagnosis and the work process, list whether the WorkSafe proclaimed-disease page covers it and whether Practice Note SC CL 3 says the damages claim starts in the Dust Diseases List.
- What the lawyer does: The lawyer decides whether the disease is proclaimed and whether the damages claim belongs in the Dust Diseases List.
- 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. Match the disease to the WorkSafe page: silicosis with or without pulmonary tuberculosis for processes involving inhalation of silica dust, and the added entries lung cancer with silicosis and scleroderma with silicosis.
2. A worker or dependant with a proclaimed disease is entitled irrespective of proof that work contributed, unless WorkSafe or a self-insurer proves the disease was not due to employment.
3. The proclamation instrument was not opened. Mark that gap before anyone relies on the page.
4. Damages for a pathological condition of the lungs, pleura, peritoneum or sinus attributable to dust are initiated in the Dust Diseases List under Practice Note SC CL 3 paragraph 2.3.

## Notes

- The proclamation and the claim form were not opened. Confirm both before a form is sent.
- Practice Note SC GEN 25 was issued and commences on 14 May 2026. Do not enter confidential or sensitive information into a public AI tool. Evidence must be the person's own knowledge and words.

## Practical guide

Jurisdiction: WorkSafe Victoria proclaimed diseases, and the Supreme Court Dust Diseases List

**Deliverable**: A path note separating proclaimed-disease compensation from a Dust Diseases List proceeding.

**Inputs**

- Diagnosis report
- Description of the process and the dust
- Employment records

**Example**: Illustrative example: The report says scleroderma with silicosis after engineered-stone work. The tool marks the WorkSafe page that adds that disease, and marks the proclamation as not opened. The lawyer confirms the instrument before any claim is sent.

**Stop and escalate when**

- The proclamation instrument has not been checked.
- The condition is not within paragraph 2.3 and no other list has been identified.

Checked 2026-10-23.

## Sources

- [WorkSafe Victoria: new silica-related diseases now proclaimed](https://www.worksafe.vic.gov.au/new-silica-related-diseases-now-proclaimed) (checked 2026-10-23)
- [Practice Note SC CL 3 Personal Injuries Litigation](https://www.supremecourt.vic.gov.au/sites/default/files/2026-06/SC%20CL%203%20-%20Personal%20Injuries%20Litigation.pdf) (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.*