Checklist · Personal Injury & Compensation

Dust Diseases Care eligibility checklist for a statutory application

Checklist for a Dust Diseases Care eligibility screen: a covered diagnosis, exposure while employed in New South Wales, and a resulting disability. It is not the portal application and not a Tribunal claim.

Kind: Checklist. Steps or checks to work through and tick off.
Where it applies: New South Wales
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the authority it cites, for New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when screening whether a worker, or a dependent of a worker who has died, may apply to icare Dust Diseases Care. Do not use it to complete the portal application or its declaration, to write the industrial history, or to start a Dust Diseases Tribunal claim.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may check the diagnosis, the employment dates and the medical tests already on the file against this list, and it writes nothing in the portal declaration or in the worker's account of exposure.

AI may

Compare a diagnosis already recorded on the file with the disease list on the who-we-care-for page
List employers, sites and dust types already in the file, without writing the worker's account
Note whether a respiratory examination in the last 6 months is on the file

AI must not

Must not complete the portal application, tick the declaration, or upload a document
Must not write the industrial history report or a witness statement of exposure
Must not quote the Workers' Compensation (Dust Diseases) Act. The page links it and the Act was not opened
Must not treat pleural plaques, or a dust disease contracted by a coal miner in or around coal mining, as covered
Must not draft a Dust Diseases Tribunal statement of claim or particulars

The lawyer checks

The page requires a medical diagnosis of a dust disease the scheme covers, evidence the exposure occurred while the person was employed in NSW, and a level of disability as a result of the dust disease
Most dust diseases on the page do not develop for at least 10 years after first exposure. Detection is by a doctor with experience in respiratory medicine, usually a chest X-ray or CT and a lung function test. If there has been no examination in the last 6 months, icare can arrange a free lung health check
The page does not cover dust diseases contracted by coal miners in or around coal mining. It points those to Coal Mines Insurance. It does not cover pleural plaques, because the page says that condition is not reported as a dust disease resulting in a level of disability that would prevent someone from continuing work
An Industrial History Officer contacts the person and prepares the written report. A family member of a worker who dies from a dust disease must have been wholly or partially dependent for support
The portal application, including the declaration checkbox, is a separate link precedent. The authority PDFs were not opened. The assessment-process page was not opened
Health, wage and scheme records stay in the firm's approved tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

icare Dust Diseases Care, Who we care for (three eligibility criteria, the disease list, coal miners and pleural plaques, the industrial history, and dependency)

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The summary, the law it rests on and the AI-use guidance above stay public. Privacy.

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