---
title: "Record that no limitation period bars a Dust Diseases Tribunal claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-4-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Record that no limitation period bars a Dust Diseases Tribunal claim

> Record the diagnosis and that the proposed proceeding is before the Tribunal. Do not write a limitation advice, and do not invent a Dust Diseases Care time limit.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim/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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Record the diagnosis and that the proposed proceeding is before the Tribunal. Do not write a limitation advice, and do not invent a Dust Diseases Care time limit. |
| What the lawyer must review | The lawyer writes any advice. Section 12A is about Tribunal proceedings. Do not state a time limit for a Dust Diseases Care application. None was found on the pages opened. Do not treat an expired period as a bar to the Tribunal proceeding under section 12A. Do not reuse a generic deadline calculator for this question. |
| Written for | New South Wales |
| Applies to | [Work out whether a limitation period still runs on a dust claim](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-whether-a-limitation-period-still-runs-on-a-dust-claim.md) |

## Checking plan

**Lawyer-led judgement**

Section 12A stops the Limitation Act 1969 and any other statute of limitations from barring Tribunal proceedings for a dust-related condition.

- What the AI does: Record the diagnosis and that the proposed proceeding is before the Tribunal. Do not write a limitation advice, and do not invent a Dust Diseases Care time limit.
- What the lawyer does: The lawyer confirms the proceeding is a Tribunal dust proceeding and writes any advice. The tool does not calculate a deadline.
- 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 12A(2) says nothing in the Limitation Act 1969 or any other statute of limitations prevents proceedings before the Tribunal in relation to dust-related conditions.
2. Proceedings may be brought even though a limitation period has already expired.
3. The section does not, on the text opened, speak to a Dust Diseases Care application.
4. The section text was read on AustLII. The official in-force page opened as a contents list.

## Notes

- SIRA also says there is no time limit for starting a Tribunal claim. That is guidance alongside section 12A.
- 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, under s 12A

**Deliverable**: A record that the Tribunal proceeding is not limitation-barred, and the lawyer's advice.

**Inputs**

- Diagnosis
- Forum of the proposed proceeding
- Any earlier expired period the file mentions

**Example**: Illustrative example: A limitation period under the general statute expired years ago. The tool records the dates and the proposed Tribunal forum. The lawyer applies section 12A. The tool does not write the advice.

**Stop and escalate when**

- The output creates a Dust Diseases Care deadline.
- The proceeding is not a Tribunal proceeding and section 12A is still applied.

Checked 2026-10-23.

## Sources

- [Dust Diseases Tribunal Act 1989 (NSW) s 12A](https://www.austlii.edu.au/au/legis/nsw/consol_act/ddta1989243/s12a.html) (checked 2026-10-23)
- [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)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*