---
title: "Dust Diseases Care eligibility checklist for a statutory application"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-dust-diseases-care-eligibility-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a21-nsw-dust-diseases-care-eligibility-checklist"
area_id: "A21"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A21-DD20261023-1", "A21-DD20261023-3", "A21-DD20261023-8", "A21-T1-R12"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-dust-diseases-care-eligibility-checklist  
Law stated as at: 2026-10-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the authority it cites, for New South Wales.

## 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

- [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)
- [Check whether a dust diagnosis is inside the statutory disease list](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-dust-diagnosis-is-inside-the-statutory-disease-list.md)
- [Prepare a statutory dust-disease application from the employment and medical material](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-statutory-dust-disease-application-from-the-employment-and-med.md)
- [Prepare an occupational-disease or dust-disease file chronology and issues list](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-an-occupational-disease-or-dust-disease-file-chronology-and-issu.md)

## 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).

## 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)](https://www.icare.nsw.gov.au/injured-or-ill-people/work-related-dust-disease/who-we-care-for)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-dust-diseases-care-eligibility-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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