{"id":"nsw:act-1989-063","name":"Dust Diseases Tribunal Act 1989","slug":"dust-diseases-tribunal-act-1989","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"63 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106738,"registerId":"nsw-act-1989-063-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Dust Diseases Tribunal Act 1989](/view/html/inforce/current/act-1989-063).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > ancillary or related matter, in relation to any proceedings, includes any claim relating to the subject-matter of the proceedings that a defendant in the proceedings has against another person, whether that other person is a party to the proceedings or not.\n> > \n> > barrister has the same meaning as in the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).\n> > \n> > District Court means the District Court of New South Wales established by the [District Court Act 1973](/view/html/inforce/current/act-1973-009).\n> > \n> > damages includes further damages awarded under section 11A.\n> > \n> > decision includes judgment, order and ruling.\n> > \n> > dust-related condition means—\n> > \n> > > (a) a disease specified in Schedule 1, or\n> > \n> > > (b) any other pathological condition of the lungs, pleura or peritoneum that is attributable to dust.\n> > \n> > member means a member of the Tribunal.\n> > \n> > President means the President of the Tribunal.\n> > \n> > registrar means the registrar of the Tribunal.\n> > \n> > Rule Committee means the Dust Diseases Tribunal Rule Committee established under section 32A.\n> > \n> > rules means the rules of the Tribunal and the regulations in force under this Act and the uniform rules in force under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).\n> > \n> > settlement, when used in relation to a claim, includes compromise or agreement.\n> > \n> > solicitor has the same meaning as in the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).\n> > \n> > Tribunal means the Dust Diseases Tribunal of New South Wales established by this Act.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 1995 No 21, Sch 4 (1) (6) (10); 1998 No 130, Sch 1 \\[1\\]; 2001 No 34, Sch 2.11 \\[1\\]; 2002 No 23, Sch 1.1 \\[1\\]; 2005 No 22, Sch 1 \\[1\\]; 2006 No 120, Sch 3.9 \\[1\\]; 2015 No 7, Sch 2.14 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution of the Tribunal","content":"# Part 2 Constitution of the Tribunal\n\nPart 2 Constitution of the Tribunal","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Tribunal to be established as a court of record","content":"#### 4 Tribunal to be established as a court of record\n\n4 Tribunal to be established as a court of record\n\n> > (1) There is established by this Act a tribunal to be known as the Dust Diseases Tribunal of New South Wales.\n> \n> > (2) The Tribunal is a court of record.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Tribunal to have a seal","content":"#### 5 Tribunal to have a seal\n\n5 Tribunal to have a seal\n\n> > (1) The Tribunal is required to have a seal and to use the seal to seal or stamp any document that is required by or under this or any other Act to be sealed or stamped.\n> \n> > (2) All courts and persons acting judicially are required to take judicial notice of the Tribunal’s seal.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Single member to constitute the Tribunal","content":"#### 6 Single member to constitute the Tribunal\n\n6 Single member to constitute the Tribunal\n\n> The jurisdiction of the Tribunal is exercisable by a single member and that member, when exercising that jurisdiction, constitutes the Tribunal.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Members of the Tribunal","content":"#### 7 Members of the Tribunal\n\n7 Members of the Tribunal\n\n> > (1) The Governor may, by commission under the public seal of the State, appoint any qualified person to be a member of the Tribunal.\n> \n> > (2) A person is qualified to be a member of the Tribunal if the person is a Judge or acting Judge of the Supreme Court or District Court, or of a Court that is of equivalent status (for the purposes of Part 9 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032)) to the Supreme Court or District Court.\n> \n> > (3) The [Oaths Act 1900](/view/html/inforce/current/act-1900-020) applies in respect of a member in the same way as it applies in respect of a Judge of the Supreme Court.\n> \n> > (3A) The Governor may, by the commission of a person’s appointment as a member or by a subsequent commission under the public seal of the State, appoint a member to be President of the Tribunal.\n> \n> > (3B) Subject to subsection (3C), the President is to hold office as President so long as he or she holds office as a member.\n> \n> > (3C) With the approval of the Governor, the President may resign his or her office as President without resigning his or her office as a member.\n> \n> > (4) Schedule 2 has effect with respect to a member.\n> \n> **s 7:** Am 1995 No 21, Sch 4 (7); 1998 No 130, Sch 1 \\[2\\]; 2002 No 23, Sch 1.1 \\[2\\]; 2008 No 107, Sch 10 \\[1\\].","sortOrder":8},{"sectionNumber":"7A","sectionType":"section","heading":"Vacancy in office of or absence of President","content":"#### 7A Vacancy in office of or absence of President\n\n7A Vacancy in office of or absence of President\n\n> > (1) If there is a vacancy in the office of the President, or the President is absent from his or her duties, the senior of the other members willing to act as President is, if there is no Acting President appointed under section 7B, to act as President, and is, while so acting, to have all the functions of the President.\n> \n> > (2) For the purposes only of subsection (1)—\n> > \n> > > (a) the members are to have seniority between themselves according to the dates of their commission as members, a member whose commission is dated earlier than that of another member being senior to that other member, and\n> > \n> > > (b) if the commissions of two or more members bear the same date, those members are to have seniority between themselves according to the seniority assigned to them by their commission or, failing any such assignment, according to the order of their being sworn.\n> \n> **s 7A:** Ins 1995 No 21, Sch 4 (8). Am 1998 No 130, Sch 1 \\[2\\].","sortOrder":9},{"sectionNumber":"7B","sectionType":"section","heading":"Acting President","content":"#### 7B Acting President\n\n7B Acting President\n\n> > (1) The Governor may, by commission under the public seal of the State, appoint a member to be Acting President during such period as the President may be absent from his or her duties.\n> \n> > (1A) Unless the Governor has made an appointment under subsection (1) (and without limiting subsection (1)), the Attorney General may, by instrument in writing, appoint a member to be Acting President during such period as the President may be absent from his or her duties.\n> \n> > (1B) An appointment under this section may be made for a particular absence or for any absence that occurs from time to time.\n> \n> > (2) While holding office, the Acting President is to have the same functions as the President.\n> \n> > (3) In this section, absent from duty includes a vacancy in the office of President.\n> \n> **s 7B:** Ins 1995 No 21, Sch 4 (8). Am 1998 No 130, Sch 1 \\[2\\]; 2015 No 2, Sch 3.4 \\[1\\] \\[2\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Immunity of member","content":"#### 8 Immunity of member\n\n8 Immunity of member\n\n> While exercising the functions of a member, a member has the same protection and immunity as a Judge of the Supreme Court has in the exercise of the functions of such a Judge.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Staff of the Tribunal to be appointed","content":"#### 9 Staff of the Tribunal to be appointed\n\n9 Staff of the Tribunal to be appointed\n\n> > (1) A registrar and such other staff of the Tribunal as may be necessary for the proper administration of this Act and the rules may be appointed and employed in accordance with Part 2 of the [Public Sector Management Act 1988](/view/html/repealed/current/act-1988-033).\n> \n> > (2) A person may hold the office of registrar in conjunction with any other office if the functions of that other office are not inconsistent with those of the office of registrar.\n> \n> > (3) The registrar and other staff of the Tribunal have such functions as are prescribed by this Act and the rules.\n> \n> > (4) The Tribunal may, with the approval of the Minister and of the Minister administering a government department or administrative office, arrange for the use of the services of any staff or facilities of the department or office.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Jurisdiction of, and proceedings before, the Tribunal","content":"# Part 3 Jurisdiction of, and proceedings before, the Tribunal\n\nPart 3 Jurisdiction of, and proceedings before, the Tribunal","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Jurisdiction and functions of the Tribunal","content":"#### 10 Jurisdiction and functions of the Tribunal\n\n10 Jurisdiction and functions of the Tribunal\n\n> > (1) The Tribunal has, except as provided by sections 29 and 32, exclusive jurisdiction to hear and determine proceedings referred to in sections 11 and 12.\n> \n> > (2) The Tribunal has such other jurisdiction as may be conferred on it by or under any other Act.\n> \n> > (3) The Tribunal has, wherever sitting, jurisdiction throughout New South Wales.\n> \n> > (4) In any proceedings brought under section 11 or transferred under section 12, the Tribunal has the same power to make decisions as the Supreme Court would, but for this section, have had in relation to similar proceedings brought in the Supreme Court.\n> \n> > (5) Subject to sections 13 (6) and 14, a decision of the Tribunal has the same effect as, and may be enforced in the same way as, a decision of the Supreme Court.\n> \n> > (6) The following matters are declared to be excluded matters for the purposes of section 5F of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth in relation to the provisions of sections 471B and 500 (2) of that Act—\n> > \n> > > (a) proceedings under section 11 of this Act,\n> > \n> > > (b) proceedings transferred under section 12 of this Act,\n> > \n> > being proceedings that, but for this subsection, could not be commenced or proceeded with without the leave of the Court referred to in section 471B or 500 (2) of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Note—\n> > \n> > In the absence of this subsection, sections 471B and 500 (2) of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth would require the leave of the Federal Court or the Supreme Court to commence or proceed with proceedings under this Act against certain companies that are being externally administered. This section ensures that section 5F of that Act will operate to ensure that those sections will not require the leave of the Court directing the external administration before proceedings can be commenced or proceeded with in the Tribunal.\n> \n> > (7) Proceedings to which subsection (6) refers are declared to be an applied Corporations legislation matter for the purposes of Part 3 of the [Corporations (Ancillary Provisions) Act 2001](/view/html/inforce/current/act-2001-032) in relation to sections 471B and 500 (2) of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth as if a reference in those sections to the Court were a reference to the Tribunal.\n> > \n> > Note—\n> > \n> > Part 3 of the [Corporations (Ancillary Provisions) Act 2001](/view/html/inforce/current/act-2001-032) provides for the application of provisions of the [Corporations Act 2001](http://www.legislation.gov.au/) and Part 3 of the [Australian Securities and Investments Commission Act 2001](http://www.legislation.gov.au/) of the Commonwealth as laws of the State in respect of any matter declared by a law of the State (whether with or without modification) to be an applied Corporations legislation matter for the purposes of that Part in relation to those Commonwealth provisions. Section 14 (2) of the [Corporations (Ancillary Provisions) Act 2001](/view/html/inforce/current/act-2001-032) ensures that a declaration made for the purposes of Part 3 of that Act only operates to apply a provision of the Corporations legislation to a matter as a law of the State if that provision does not already apply to the matter as a law of the Commonwealth. If a provision referred to in a declaration already applies as a law of the Commonwealth, nothing in the declaration will affect its continued operation as a law of the Commonwealth.\n> \n> **s 10:** Am 2001 No 34, Sch 2.11 \\[2\\]; 2001 No 112, Sch 2.15.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Claims for damages for dust diseases etc to be brought under this Act","content":"#### 11 Claims for damages for dust diseases etc to be brought under this Act\n\n11 Claims for damages for dust diseases etc to be brought under this Act\n\n> > (1) If—\n> > \n> > > (a) a person is suffering, or has suffered, from a dust-related condition or a person who has died was, immediately before death, suffering from a dust-related condition, and\n> > \n> > > (b) it is alleged that the dust-related condition was attributable or partly attributable to a breach of a duty owed to the person by another person, and\n> > \n> > > (c) the person who is or was suffering from the dust-related condition or a person claiming through that person would, but for this Act, have been entitled to bring an action for the recovery of damages in respect of that dust-related condition or death,\n> > \n> > proceedings for damages in respect of that dust-related condition or death may be brought before the Tribunal and may not be brought or entertained before any other court or tribunal.\n> \n> > (1A) Proceedings by any tort-feasor liable in respect of damages referred to in subsection (1) to recover contribution from any other tort-feasor liable in respect of that damage may be brought before the Tribunal.\n> > \n> > Note—\n> > \n> > This subsection does not prevent those proceedings being brought in another court.\n> \n> > (2) In subsection (1), a reference to a duty includes a reference to a duty imposed by statute as well as a duty imposed under the common law.\n> \n> > (3) If the cause of action giving rise to proceedings to be brought under subsection (1) or (1A) also gives rise to a claim in respect of some other matter, the claim may be included in those proceedings even though it does not relate to a dust-related condition from which a person is suffering or has suffered.\n> \n> > (4) Any matter that is ancillary or related to a matter that is the subject of proceedings to be brought under subsection (1) or (1A) may also be included in those proceedings.\n> \n> > (5) In subsection (1) (c), the reference to a person claiming through a person who is or was suffering from a dust-related condition includes a reference to a relative for whose benefit an action may be brought under the [Compensation to Relatives Act 1897](/view/html/inforce/current/act-1897-031).\n> \n> **s 11:** Am 1989 No 226, Sch 1; 2005 No 22, Sch 1 \\[2\\] \\[3\\].","sortOrder":15},{"sectionNumber":"11A","sectionType":"section","heading":"Award of provisional damages","content":"#### 11A Award of provisional damages\n\n11A Award of provisional damages\n\n> > (1) This section applies to proceedings of the kind referred to in section 11 (1) that are brought after the commencement of this section and in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the person who is suffering from the dust-related condition in respect of which the proceedings are brought (the injured person) will, as a result or partly as a result of the breach of duty giving rise to the cause of action, develop another dust-related condition.\n> \n> > (2) The Tribunal may, in accordance with the rules—\n> > \n> > > (a) award damages assessed on the assumption that the injured person will not develop another dust-related condition, and\n> > \n> > > (b) award further damages at a future date if the injured person does develop another dust-related condition.\n> \n> **s 11A:** Ins 1995 No 21, Sch 4 (2).","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Transfer of proceedings from the Supreme Court or District Court to the Tribunal","content":"#### 12 Transfer of proceedings from the Supreme Court or District Court to the Tribunal\n\n12 Transfer of proceedings from the Supreme Court or District Court to the Tribunal\n\n> > (1) If—\n> > \n> > > (a) on the commencement of this section, proceedings of the kind referred to in section 11 (1) are pending in the Supreme Court and the hearing of those proceedings has not begun, or\n> > \n> > > (b) after that commencement, proceedings of that kind are brought or are pending in the Supreme Court,\n> > \n> > the registrar of the division of that Court in which the proceedings are pending or are brought must transfer the proceedings to the Tribunal, together with any ancillary or related matters.\n> \n> > (2) If—\n> > \n> > > (a) on the commencement of this section, proceedings of the kind referred to in section 11 (1) are pending in the District Court and the hearing of those proceedings has not begun, or\n> > \n> > > (b) after that commencement, proceedings of that kind are brought or are pending in the District Court,\n> > \n> > the registrar of that Court for the place where the proceedings are pending or are brought must transfer the proceedings to the Tribunal, together with any ancillary or related matters.","sortOrder":17},{"sectionNumber":"12A","sectionType":"section","heading":"No limitation period","content":"#### 12A No limitation period\n\n12A No limitation period\n\n> > (1) The purpose of this section is to enable proceedings to be brought before the Tribunal in relation to dust-related conditions at any time.\n> \n> > (2) Nothing in the [Limitation Act 1969](/view/html/inforce/current/act-1969-031) or any other statute of limitations operates to prevent the bringing or maintenance of proceedings before the Tribunal in relation to dust-related conditions.\n> \n> > (3) Without limiting subsection (2)—\n> > \n> > > (a) sections 14, 18A, 60C and 60G of, Division 6 of Part 2 of, and Schedule 5 to, the [Limitation Act 1969](/view/html/inforce/current/act-1969-031) do not prevent the bringing or maintenance of any such proceedings before the Tribunal, and\n> > \n> > > (b) any such proceedings may be brought or maintained before the Tribunal even though a limitation period has already expired under that Act, and\n> > \n> > > (c) any such proceedings may be brought or maintained before the Tribunal as if Division 1 of Part 4 of that Act had never been in force.\n> \n> **s 12A:** Ins 1998 No 130, Sch 1 \\[3\\]. Am 2002 No 92, Sch 4.1.","sortOrder":18},{"sectionNumber":"12B","sectionType":"section","heading":"Damages for non-economic loss after death of plaintiff","content":"#### 12B Damages for non-economic loss after death of plaintiff\n\n12B Damages for non-economic loss after death of plaintiff\n\n> > (1) The purpose of this section is to enable the estate of a person whose death has been caused by a dust-related condition to recover damages for the person’s pain or suffering, or for any bodily or mental harm suffered by the person, or for curtailment of the person’s expectation of life, provided proceedings commenced by the person were pending before the Tribunal at the person’s death.\n> \n> > (2) Section 2 (2) (d) of the [Law Reform (Miscellaneous Provisions) Act 1944](/view/html/inforce/current/act-1944-028) does not apply in relation to proceedings commenced by a person before his or her death and pending before the Tribunal at his or her death, where the cause of action is for damages in respect of a dust-related condition.\n> \n> **s 12B:** Ins 1998 No 130, Sch 1 \\[4\\].","sortOrder":19},{"sectionNumber":"12C","sectionType":"section","heading":"Effect of settlement on proceedings by or against joint and several tortfeasors","content":"#### 12C Effect of settlement on proceedings by or against joint and several tortfeasors\n\n12C Effect of settlement on proceedings by or against joint and several tortfeasors\n\n> > (1) For the avoidance of doubt, settlement with one or more joint tortfeasors in or in relation to proceedings before the Tribunal and who are liable in respect of damage as a result of a dust-related condition is not a bar to recovery against one or more other joint tortfeasors (whether or not they are defendants in the proceedings), unless the terms of the settlement otherwise provide.\n> \n> > (2) A tortfeasor who settles proceedings before the Tribunal that are brought against the tortfeasor by a plaintiff in respect of damage as a result of a dust-related condition is not precluded from recovering contribution in respect of that same damage under section 5 (1) (c) of the [Law Reform (Miscellaneous Provisions) Act 1946](/view/html/inforce/current/act-1946-033) from any other tortfeasor (whether a joint tortfeasor or otherwise) who is not a party to the settlement only because a judgment giving effect to that settlement has been entered in favour of the plaintiff without the Tribunal having considered the merits of the case.\n> \n> > (3) This section does not affect the operation or interpretation of section 5 (1) (a) of the [Law Reform (Miscellaneous Provisions) Act 1946](/view/html/inforce/current/act-1946-033).\n> \n> **s 12C:** Ins 1998 No 130, Sch 1 \\[5\\].","sortOrder":20},{"sectionNumber":"12D","sectionType":"section","heading":"Damages for non-economic loss not to be reduced by certain compensation payments","content":"#### 12D Damages for non-economic loss not to be reduced by certain compensation payments\n\n12D Damages for non-economic loss not to be reduced by certain compensation payments\n\n> > (1) This section applies to proceedings before the Tribunal (including proceedings on an appeal from the Tribunal) for damages in relation to dust-related conditions.\n> \n> > (2) In determining damages for non-economic loss in any such proceedings, no deduction is to be made for any amount of compensation already paid or payable, or payable in the future, under the [Workers’ Compensation (Dust Diseases) Act 1942](/view/html/inforce/current/act-1942-014).\n> \n> > (3) In this section—\n> > \n> > damages for non-economic loss means damages or compensation for the following—\n> > \n> > > (a) pain and suffering,\n> > \n> > > (b) loss of amenities of life,\n> > \n> > > (c) loss of expectation of life,\n> > \n> > > (d) disfigurement,\n> > \n> > > (e) the need for services of a domestic nature or services relating to nursing and attendance which have been or are to be provided to a person by another person, and for which the first person has not paid and is not liable to pay any fee or charge.\n> \n> **s 12D:** Ins 1998 No 130, Sch 1 \\[6\\].","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Proceedings before the Tribunal","content":"#### 13 Proceedings before the Tribunal\n\n13 Proceedings before the Tribunal\n\n> > (1) The Tribunal must hold its proceedings in open court, except to the extent that the rules provide otherwise.\n> \n> > (2) The President is to fix the times and places for the holding of proceedings before the Tribunal and is to nominate the member before whom proceedings are to be held.\n> \n> > (3) The President may delegate to a member the President’s functions under subsection (2).\n> \n> > (4) If proceedings before the Tribunal have been brought by two or more persons and those proceedings arise out of the same cause of action, the Tribunal may hear and determine those proceedings together if of the opinion that none of those persons’ cases would be prejudiced.\n> \n> > (5) A decision of the Tribunal is not liable—\n> > \n> > > (a) to be vitiated because of any informality or want of form, or\n> > \n> > > (b) to be questioned or appealed against in any court,\n> > \n> > except as provided by section 32 of this Act or section 48 of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052).\n> \n> > (6) Whenever appropriate, the Tribunal may reconsider any matter that it has previously dealt with, or rescind or amend any decision that the Tribunal has previously made.\n> \n> > (7) If the President is of the opinion that the balance of cost and convenience in the proceedings so requires, the President may direct that the hearing of the proceedings, or any part of the proceedings, take place outside New South Wales.\n> \n> **s 13:** Am 1995 No 21, Sch 4 (9) (20); 1998 No 130, Sch 1 \\[2\\]; 2005 No 22, Sch 1 \\[4\\]; 2013 No 38, Sch 1.3.","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Judgments and orders for payment of money","content":"#### 14 Judgments and orders for payment of money\n\n14 Judgments and orders for payment of money\n\n> > (1) If a judgment or order of the Tribunal is for payment of an amount of money (including a sum awarded as costs) the judgment or order shall, on the filing of the prescribed documents in the registry of the Common Law Division of the Supreme Court, be taken to be a judgment of that Court for the payment of that amount of money in accordance with the judgment or order of the Tribunal.\n> \n> > (2) For the purposes of subsection (1), the prescribed documents are—\n> > \n> > > (a) a copy of the judgment or order of the Tribunal certified by the registrar to be a true copy, and\n> > \n> > > (b) an affidavit by the person to whom the amount of money was adjudged or ordered to be paid specifying the amount unpaid under the judgment or order and, where the judgment or order is to take effect on a default, as to the making of the default.\n> \n> > (3) No fee is payable for the filing of documents under subsection (1).\n> \n> > (4) Subsection (3) applies irrespective of the provisions of any other Act to the contrary.\n> \n> > (5) Part 8 (Enforcement of judgments and orders) of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) does not apply to authorise the Tribunal to exercise any function of a court under that Part.\n> \n> **s 14:** Am 2005 No 22, Sch 1 \\[5\\].","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n15, 16 (Repealed)","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Parties to proceedings before the Tribunal","content":"#### 17 Parties to proceedings before the Tribunal\n\n17 Parties to proceedings before the Tribunal\n\n> > (1) If a party to proceedings before the Tribunal has a right to proceed against two or more persons who may be jointly liable—\n> > \n> > > (a) it is sufficient if at least one of those persons is served with process in the proceedings, and\n> > \n> > > (b) a decision in the proceedings may be given and enforced against the person or persons found to be liable.\n> \n> > (2) Subsection (1) is subject to the rules.\n> \n> > (3) Section 95 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) applies to a decision given in proceedings before the Tribunal in the same way as it applies to a judgment given in proceedings before the Supreme Court.\n> \n> > (4) An executor, administrator, trustee or other legal personal representative may bring or defend proceedings before the Tribunal in the same manner as if he or she were bringing or defending proceedings in his or her own right.\n> \n> > (5) If, before the holding of particular proceedings before the Tribunal or at any stage during the holding of any proceedings, the Tribunal is of the opinion that a person ought to be joined as a party to the proceedings, the Tribunal may, by notice in writing served on the person or by oral direction given during the proceedings, join the person as a party to the proceedings.\n> \n> **s 17:** Am 2005 No 28, Sch 5.15 \\[2\\].","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":null,"content":"#### 18\n\n18 (Repealed)","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Right of appearance and representation before the Tribunal","content":"#### 19 Right of appearance and representation before the Tribunal\n\n19 Right of appearance and representation before the Tribunal\n\n> > (1) A party to proceedings before the Tribunal—\n> > \n> > > (a) may appear in the proceedings personally or by an Australian legal practitioner, and\n> > \n> > > (b) may not, except by leave of the Tribunal, be represented in the proceedings otherwise than by an Australian legal practitioner.\n> \n> > (2) Only an Australian legal practitioner is entitled to demand or receive a fee or reward for representing a party in proceedings before the Tribunal.\n> \n> **s 19:** Am 2006 No 58, Sch 3.5 \\[1\\].","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Subpoenas and examination of witnesses","content":"#### 20 Subpoenas and examination of witnesses\n\n20 Subpoenas and examination of witnesses\n\n> > (1) If the Tribunal so directs or a party to proceedings before the Tribunal so requests, the registrar must issue a subpoena requiring a specified person to do either or both of the following—\n> > \n> > > (a) to attend and give evidence before the Tribunal at a time and place specified in the subpoena,\n> > \n> > > (b) to produce to the Tribunal, or to attend before the Tribunal and produce, any document or thing in the person’s custody or under the person’s control that the person is required by the subpoena to produce.\n> \n> > (2) If—\n> > \n> > > (a) in accordance with this section, a person is required by a subpoena to produce a document, and\n> > \n> > > (b) the document is not in writing, or is not written in the English language, or is not decipherable on sight,\n> > \n> > the subpoena shall be taken to require the person to produce, in addition to the document if it is in writing, or instead of the document if it is not in writing, a statement, written in the English language and decipherable on sight, containing the whole of the information in the document.\n> \n> > (3) The Tribunal may administer an oath to any person appearing as a witness before the Tribunal, whether or not a subpoena has been issued to the witness under subsection (1), and allow the witness to be examined and cross-examined on oath.\n> \n> > (4) A witness attending or appearing before the Tribunal has the same protection and, without affecting any penalty that may be imposed under this Act, is subject to the same liabilities, as a witness would have or be subject to in proceedings before the Supreme Court.\n> \n> > (5) A witness attending before the Tribunal in accordance with a subpoena issued under subsection (1) is entitled to be paid such fees and allowances as are prescribed by, or calculated in accordance with, the rules.\n> \n> > (6) If a subpoena is issued under subsection (1) at the request of a party, the person specified in the subpoena is not required to comply with the subpoena unless, not later than a reasonable time before the day on which the subpoena is to be complied with, that person is tendered an amount, prescribed by, or calculated in accordance with, the rules, to meet the expense of complying with the requirements of the subpoena.\n> \n> > (7) This section is subject to the regulations.\n> \n> **s 20:** Am 2005 No 22, Sch 1 \\[7\\].","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Person issued with a subpoena may be apprehended","content":"#### 21 Person issued with a subpoena may be apprehended\n\n21 Person issued with a subpoena may be apprehended\n\n> > (1) If a person served with a subpoena issued under section 20 (1) to attend before, or to produce a document to, the Tribunal fails to comply with the subpoena, the Tribunal may, on proof of the service of the subpoena, issue to such person as the Tribunal appoints a warrant for the apprehension of that person.\n> \n> > (2) A warrant issued under this section authorises—\n> > \n> > > (a) the apprehension of the person to whom the warrant relates, and\n> > \n> > > (b) the bringing of that person before the Tribunal, and\n> > \n> > > (c) the detention of that person in custody until he or she is released by order of the Tribunal or the Supreme Court.\n> \n> > (3) The apprehension of a person under this section does not relieve the person from any liability incurred as a result of non-compliance with a subpoena to attend before, or to produce a document or thing to, the Tribunal.","sortOrder":31},{"sectionNumber":"22","sectionType":"section","heading":"Inspection and retention of records","content":"#### 22 Inspection and retention of records\n\n22 Inspection and retention of records\n\n> > (1) The Tribunal—\n> > \n> > > (a) may inspect any document or statement produced before it and retain it for such period as it thinks necessary for the purposes of the proceedings in relation to which it was produced, and\n> > \n> > > (b) may make copies of the document or statement or any part of the document or statement.\n> \n> > (2) If a document or statement is produced before, and retained by, the Tribunal, the person otherwise entitled to possession of the document or statement is, on request, entitled to be supplied, as soon as practicable, with a copy of the document or statement certified by the registrar to be a true copy.\n> \n> > (3) A document or statement so certified is admissible as evidence in all courts as if it were the original document or statement.\n> \n> > (4) If, in accordance with subsection (2), a person is entitled to be supplied with a copy of a document or statement, the person, or a person authorised by the person, may, at such times and places as the registrar directs, inspect and make copies of, or take extracts from, the document or statement.","sortOrder":32},{"sectionNumber":"23","sectionType":"section","heading":null,"content":"#### 23\n\n23 (Repealed)","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Examination de bene esse","content":"#### 24 Examination de bene esse\n\n24 Examination de bene esse\n\n> > (1) The Tribunal may, on the application of a party to proceedings before it, authorise—\n> > \n> > > (a) any judge, counsel, attorney or commissioner for affidavits, whether of New South Wales or elsewhere, or\n> > \n> > > (b) any British Consular Officer or Australian Consular Officer in any place out of New South Wales,\n> > \n> > to take at some convenient place the examination of a witness de bene esse, if the witness—\n> > \n> > > (c) is absent from New South Wales, or\n> > \n> > > (d) is expected to die or to be unable from sickness or infirmity to attend at the hearing of the proceedings.\n> \n> > (2) In subsection (1), the expressions “Australian Consular Officer” and “British Consular Officer” have the same meanings as they have in section 26 of the [Oaths Act 1900](/view/html/inforce/current/act-1900-020).\n> \n> **s 24:** Am 2001 No 121, Sch 2.89.","sortOrder":35},{"sectionNumber":"25","sectionType":"section","heading":"Evidence in proceedings before the Tribunal","content":"#### 25 Evidence in proceedings before the Tribunal\n\n25 Evidence in proceedings before the Tribunal\n\n> > (1) Any evidence that would be admissible in proceedings in the Supreme Court is admissible in proceedings before the Tribunal.\n> \n> > (2) Except as otherwise provided by this Part or the rules, evidence is not admissible in proceedings before the Tribunal if it would not be admissible in those proceedings by virtue of subsection (1).\n> \n> > (3) Historical evidence and general medical evidence concerning dust exposure and dust diseases which has been admitted in any proceedings before the Tribunal may, with the leave of the Tribunal, be received as evidence in any other proceedings before the Tribunal, whether or not the proceedings are between the same parties.\n> \n> **s 25:** Am 1995 No 21, Sch 4 (19).","sortOrder":36},{"sectionNumber":"25A","sectionType":"section","heading":"Material already obtained","content":"#### 25A Material already obtained\n\n25A Material already obtained\n\n> > (1) Material obtained for the purposes of proceedings before the Tribunal by discovery or interrogatories may—\n> > \n> > > (a) with the leave of the Tribunal, and\n> > \n> > > (b) with the consent of—\n> > > \n> > > > (i) subject to subparagraph (ii), the party who originally obtained the material or the party’s Australian legal practitioner, or\n> > > \n> > > > (ii) another person prescribed by the rules,\n> > \n> > be used in other proceedings before the Tribunal, whether or not the proceedings are between the same parties.\n> \n> > (2) The rules may provide that subsection (1) does not apply in specified kinds of proceedings or in specified circumstances.\n> \n> **s 25A:** Ins 1998 No 130, Sch 1 \\[7\\]. Am 2006 No 58, Sch 3.5 \\[2\\].","sortOrder":37},{"sectionNumber":"25B","sectionType":"section","heading":"General issues already determined","content":"#### 25B General issues already determined\n\n25B General issues already determined\n\n> > (1) Issues of a general nature determined in proceedings before the Tribunal (including proceedings on an appeal from the Tribunal) may not be relitigated or reargued in other proceedings before the Tribunal without the leave of the Tribunal, whether or not the proceedings are between the same parties.\n> \n> > (1A) If an issue of a general nature already determined in proceedings before the Tribunal (the earlier proceedings) is the subject of other proceedings before the Tribunal (the later proceedings) and that issue is determined in the later proceedings on the basis of the determination of the issue in the earlier proceedings, the judgment of the Tribunal in the later proceedings must identify the issue and must identify that it is an issue of a general nature determined as referred to in this section.\n> \n> > (2) In deciding whether to grant leave for the purposes of subsection (1), the Tribunal is to have regard to—\n> > \n> > > (a) the availability of new evidence (whether or not previously available), and\n> > \n> > > (b) the manner in which the other proceedings referred to in that subsection were conducted, and\n> > \n> > > (c) such other matters as the Tribunal considers to be relevant.\n> \n> > (3) The rules may provide that subsection (1) does not apply in specified kinds of proceedings or in specified circumstances or (without limitation) in relation to specified kinds of issues.\n> \n> > (4) This section does not affect any other law relating to matters of which judicial notice can be taken or about which proof is not required.\n> \n> **s 25B:** Ins 1998 No 130, Sch 1 \\[8\\]. Am 2005 No 22, Sch 1 \\[9\\].","sortOrder":38},{"sectionNumber":"26","sectionType":"section","heading":"Contempt of the Tribunal","content":"#### 26 Contempt of the Tribunal\n\n26 Contempt of the Tribunal\n\n> In respect of proceedings before the Tribunal, the Tribunal has the same powers for punishing contempt of the Tribunal as are conferred on a Judge of the Supreme Court for punishing contempt of a division of the Supreme Court.","sortOrder":39},{"sectionNumber":"27","sectionType":"section","heading":null,"content":"#### 27\n\n27–31 (Repealed)","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Right of appeal to Supreme Court","content":"#### 32 Right of appeal to Supreme Court\n\n32 Right of appeal to Supreme Court\n\n> > (1) A party who is dissatisfied with a decision of the Tribunal in point of law or on a question as to the admission or rejection of evidence may appeal to the Supreme Court.\n> \n> > (2) The Supreme Court may, on the hearing of any appeal under this section, remit the matter to the Tribunal for determination by the Tribunal in accordance with any decision of the Supreme Court and may make such other order in relation to the appeal as the Supreme Court sees fit.\n> \n> > (3) A decision of the Supreme Court on an appeal under this section is binding on the Tribunal and on all parties to the proceedings in respect of which the appeal was made.\n> \n> > (4) The following appeals under this section may be made only by leave of the Supreme Court—\n> > \n> > > (a) an appeal from an interlocutory decision,\n> > \n> > > (b) an appeal from a decision as to costs only,\n> > \n> > > (c) an appeal from a final decision, other than an appeal that involves (directly or indirectly) a claim for, or a question relating to, an amount of $20,000 or more,\n> > \n> > > (d) an appeal from a decision made with the consent of the parties.\n> \n> **s 32:** Subst 1995 No 88, Sch 1; 1998 No 49, Sch 11 \\[1\\]. Am 2002 No 99, Sch 3.4.","sortOrder":42},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Rule Committee","content":"# Part 3A Rule Committee\n\nPart 3A Rule Committee\n\n**pt 3A:** Ins 1995 No 21, Sch 4 (11).","sortOrder":43},{"sectionNumber":"32A","sectionType":"section","heading":"Establishment of the Rule Committee","content":"#### 32A Establishment of the Rule Committee\n\n32A Establishment of the Rule Committee\n\n> There is to be a Dust Diseases Tribunal Rule Committee.\n> \n> **s 32A:** Ins 1995 No 21, Sch 4 (11).","sortOrder":44},{"sectionNumber":"32B","sectionType":"section","heading":"Composition of the Rule Committee","content":"#### 32B Composition of the Rule Committee\n\n32B Composition of the Rule Committee\n\n> > (1) The Rule Committee is to be composed of no more than 6 members.\n> \n> > (2) Of the members of the Rule Committee—\n> > \n> > > (a) one is to be the President of the Tribunal, and\n> > \n> > > (b) no more than 3 are to be members of the Tribunal other than the President, and\n> > \n> > > (c) one is to be a barrister, and\n> > \n> > > (d) one is to be a solicitor.\n> \n> > (3) A member of the Rule Committee referred to in subsection (2) (b), (c) or (d) is to be appointed by the President in writing.\n> \n> > (4) Subject to this section, a member of the Rule Committee referred to in subsection (2) (b), (c) or (d) holds office for such period as may be specified in the member’s instrument of appointment and, if otherwise qualified, is eligible for re-appointment or, as the case may be, for further re-appointment.\n> \n> > (5) A member of the Rule Committee ceases to hold office as such—\n> > \n> > > (a) when the member ceases to hold the qualification by virtue of which the member was appointed, or\n> > \n> > > (b) in the case of a member referred to in subsection (2) (b), (c) or (d), if the member resigns as such in writing addressed to the President.\n> \n> > (6) In the event of the office of any member of the Rule Committee becoming vacant, a suitably qualified person must, in the case of a member referred to in subsection (2) (b), (c) or (d) and subject to this section, be appointed to fill the vacancy.\n> \n> **ss 32B–32D:** Ins 1995 No 21, Sch 4 (11). Am 1998 No 130, Sch 1 \\[2\\].","sortOrder":45},{"sectionNumber":"32C","sectionType":"section","heading":"Deputies for barrister and solicitor members","content":"#### 32C Deputies for barrister and solicitor members\n\n32C Deputies for barrister and solicitor members\n\n> > (1) The President may, from time to time, appoint to the Rule Committee—\n> > \n> > > (a) a barrister to be the deputy of the member appointed under section 32B (2) (c), and\n> > \n> > > (b) a solicitor to be the deputy of the member appointed under section 32B (2) (d),\n> > \n> > and the President may revoke any such appointment.\n> \n> > (2) In the absence of a member appointed under section 32B (2) (c) or (d), the member’s deputy—\n> > \n> > > (a) may, if available, act in the place of the member, and\n> > \n> > > (b) while so acting, has the functions of the member and is taken to be the member.\n> \n> **ss 32B–32D:** Ins 1995 No 21, Sch 4 (11). Am 1998 No 130, Sch 1 \\[2\\].","sortOrder":46},{"sectionNumber":"32D","sectionType":"section","heading":"Chairperson and deputy chairperson of the Rule Committee","content":"#### 32D Chairperson and deputy chairperson of the Rule Committee\n\n32D Chairperson and deputy chairperson of the Rule Committee\n\n> > (1) The President is to be the chairperson of the Rule Committee.\n> \n> > (2) The President is to appoint another member to be the deputy chairperson of the Rule Committee.\n> \n> **ss 32B–32D:** Ins 1995 No 21, Sch 4 (11). Am 1998 No 130, Sch 1 \\[2\\].","sortOrder":47},{"sectionNumber":"32E","sectionType":"section","heading":"Meetings of the Rule Committee","content":"#### 32E Meetings of the Rule Committee\n\n32E Meetings of the Rule Committee\n\n> > (1) The procedure for calling meetings of the Rule Committee and for the conduct of business at those meetings is, subject to any procedure that is prescribed by or under this Act, to be as determined by the Rule Committee.\n> \n> > (2) Three members of the Rule Committee are to form a quorum and any duly convened meeting of the Rule Committee at which a quorum is present is competent to transact any business of the Rule Committee and has all the functions of the Rule Committee.\n> \n> > (3) The chairperson of the Rule Committee or, in the absence of the chairperson, the deputy chairperson of that Committee is to preside at a meeting of that Committee.\n> \n> > (4) In the absence from a meeting of the Rule Committee of both the chairperson and the deputy chairperson another member of the Rule Committee elected by the members present is to preside at the meeting.\n> \n> > (5) The person presiding at a meeting of the Rule Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n> \n> > (6) A decision supported by a majority of the votes cast at a meeting of the Rule Committee at which a quorum is present is the decision of that Committee.\n> \n> > (7) The President may, subject to any decision of the Rule Committee under subsection (1), call meetings of the Rule Committee as and when the President thinks necessary.\n> \n> > (8) The Rule Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Rule Committee for the time being, and a resolution in writing approved in writing by a majority of those members is to be taken to be a decision of the Rule Committee.\n> \n> **s 32E:** Ins 1995 No 21, Sch 4 (11). Am 1998 No 130, Sch 1 \\[9\\].","sortOrder":48},{"sectionNumber":"32F","sectionType":"section","heading":"Secretary to the Rule Committee","content":"#### 32F Secretary to the Rule Committee\n\n32F Secretary to the Rule Committee\n\n> > (1) Subject to and in accordance with Part 2 of the [Public Sector Management Act 1988](/view/html/repealed/current/act-1988-033), a person is to be appointed to hold office as the Secretary to the Rule Committee.\n> \n> > (2) The appointment of a person under subsection (1) is subject to the prior approval of the President.\n> \n> > (3) A person may hold office under subsection (1) in conjunction with some other office or position in the Public Service.\n> \n> > (4) The Secretary to the Rule Committee has and may exercise and discharge such functions as may be specified in the rules or as the Rule Committee may determine.\n> \n> **s 32F:** Ins 1995 No 21, Sch 4 (11). Am 1998 No 130, Sch 1 \\[2\\].","sortOrder":49},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Regulations—claims management and practice and procedure","content":"# Part 3B Regulations—claims management and practice and procedure\n\nPart 3B Regulations—claims management and practice and procedure\n\n**pt 3B:** Ins 1995 No 21, Sch 4 (17). Subst 2005 No 22, Sch 1 \\[14\\].","sortOrder":50},{"sectionNumber":"32G","sectionType":"section","heading":"Definitions","content":"#### 32G Definitions\n\n32G Definitions\n\n> In this Part—\n> \n> claim means a claim in proceedings.\n> \n> proceedings means proceedings in the Tribunal brought or to be brought under section 11 or transferred under section 12.\n> \n> rules of court means rules under section 33 of this Act or uniform rules under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) applicable to proceedings.\n> \n> **s 32G:** Ins 1995 No 21, Sch 4 (17). Subst 2005 No 22, Sch 1 \\[14\\].","sortOrder":51},{"sectionNumber":"32H","sectionType":"section","heading":"Regulations to promote claims resolution","content":"#### 32H Regulations to promote claims resolution\n\n32H Regulations to promote claims resolution\n\n> > (1) The Governor may make regulations for or with respect to the following—\n> > \n> > > (a) the establishment of a claims resolution process for claims, with procedures for identifying the issues in dispute between the parties to a claim and the settlement of claims by alternative dispute resolution processes,\n> > \n> > > (b) procedures and presumptions for the apportionment of liability between defendants and cross-defendants in connection with a claim,\n> > \n> > > (c) the making and acceptance of offers of compromise and the consequences by way of costs penalties and costs relief of the rejection of an offer by a party who fails to improve their position at hearing,\n> > \n> > > (d) identifying the issues that remain in dispute when a claim is not settled by the claims resolution process and limiting the determination of the claim in the Tribunal to a determination of those issues,\n> > \n> > > (e) subpoenas to give evidence or to produce any document or thing, including the issue and return of subpoenas and compliance with subpoenas,\n> > \n> > > (f) costs (including disbursements) payable by a party in or in relation to a claim,\n> > \n> > > (g) the practice and procedure to be followed in proceedings and any other matter for or with respect to which rules may be made under this Act,\n> > \n> > > (h) the exclusion of any proceedings or class of proceedings from the operation of any specified provision of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) or the rules made under that Act,\n> > \n> > > (i) the modification of any specified provision of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) or the rules made under that Act in its application to any proceedings or class of proceedings.\n> \n> > (2) Without limitation, this section authorises the making of regulations for or with respect to the following—\n> > \n> > > (a) the exchange of information between the parties to a claim,\n> > \n> > > (b) the compulsory mediation of claims and the functions, privileges, remuneration, immunities and protections of mediators and parties to mediation,\n> > \n> > > (c) procedures and presumptions for the apportionment of liability between defendants and cross-defendants (including by providing for the making of determinations as to apportionment and for the determination by the Minister of standard presumptions as to apportionment),\n> > \n> > > (d) the appointment of a single claims manager to be responsible for managing and otherwise dealing with a claim on behalf of all defendants and cross-defendants to the claim,\n> > \n> > > (e) determining the issues in dispute between the parties, and the facts and evidence that may be relied on by the parties, for the purpose of the determination by the Tribunal of a claim that has been through the claims resolution process,\n> > \n> > > (f) requiring the parties to a claim and their legal representatives to provide information about or relevant to the claim and any aspect of the claim (including costs and disbursements incurred in connection with a claim),\n> > \n> > > (g) the awarding of costs on a party and party basis, on an indemnity basis, or on any other basis, including costs penalties and costs relief in connection with a contravention of any provision of the regulations,\n> > \n> > > (h) the assessment of costs payable to an Australian legal practitioner in connection with a claim, including by providing for the modification of provisions of the [Legal Profession Act 1987](/view/html/repealed/current/act-1987-109), the [Legal Profession Act 2004](/view/html/repealed/current/act-2004-112) or the legal profession legislation (as defined in section 3A of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016)) with respect to the assessment of those costs,\n> > \n> > > (i) suspending the operation of any provision of rules of court and any direction or order of the Tribunal under a provision of this or any other Act or rules of court while a claim is subject to the claims resolution process or other procedures under the regulations or subsequently, pending its determination by the Tribunal.\n> \n> > (3) The regulations under this section prevail to the extent of any inconsistency between a provision of those regulations and a provision of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028), rules of court or any direction or order of the Tribunal made under a provision of this or any other Act or rules of court.\n> \n> > (4) The provisions of the [Dust Diseases Tribunal Regulation 2001](/view/html/repealed/current/sl-2001-0467) inserted in that Regulation by the [Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005](/view/html/repealed/current/act-2005-022) are provisions that are authorised by and made under this section.\n> \n> > (5) Regulations under this section may apply to all claims or to a particular class or classes of claim.\n> \n> > (6) The regulations may provide that specified provisions of the regulations under this section are part of the procedural law of the State for the purposes of the determination of any claim.\n> \n> **s 32H:** Ins 1995 No 21, Sch 4 (17). Subst 2005 No 22, Sch 1 \\[14\\]. Am 2006 No 120, Sch 3.9 \\[2\\]; 2015 No 7, Sch 2.14 \\[2\\].","sortOrder":52},{"sectionNumber":"32I","sectionType":"section","heading":"Information about claims","content":"#### 32I Information about claims\n\n32I Information about claims\n\n> > (1) An Australian legal practitioner who acts for a party on a claim must provide the Registrar with such information concerning the claim as the regulations may require for the purposes of this section.\n> \n> > (2) If both a barrister and a solicitor act for a party, the obligation to comply with subsection (1) falls on the solicitor and not the barrister.\n> \n> > (3) A failure by an Australian legal practitioner to comply with this section is capable of being unsatisfactory professional conduct by the Australian legal practitioner.\n> \n> > (4) If a party to a claim is not represented on the claim by an Australian legal practitioner, the party must provide the information required by this section (as and when an Australian legal practitioner representing the party would be required to provide it).\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (5) The Registrar is to maintain a database of the information provided to the Registrar under this section and is to maintain and provide access to that database in accordance with such directions as the Attorney General may give to the Registrar from time to time.\n> \n> > (6) The Registrar must provide to the Attorney General such reports with respect to information provided to the Registrar under this section as the Attorney General may from time to time direct.\n> \n> > (7) (Repealed)\n> \n> > (8) A person who in the course of the administration of this Act obtains information provided to the Registrar under subsection (1) (not including information included in a report under subsection (6)) must not directly or indirectly make a record of the information or divulge it to another person except—\n> > \n> > > (a) with the consent of the person who provided the information to the Registrar, or\n> > \n> > > (b) in connection with the administration or execution of this Act, or\n> > \n> > > (c) in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or of the Commonwealth.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> **s 32I:** Ins 1995 No 21, Sch 4 (17). Subst 2005 No 22, Sch 1 \\[14\\]. Am 2006 No 120, Sch 3.9 \\[3\\]–\\[5\\]; 2009 No 54, Sch 2.14.\n> \n> **ss 32J–32M:** Ins 1995 No 21, Sch 4 (17). Rep 2005 No 22, Sch 1 \\[14\\].\n> \n> **s 32N:** Ins 1995 No 21, Sch 4 (17). Am 1998 No 130, Sch 1 \\[2\\]. Rep 2005 No 22, Sch 1 \\[14\\].\n> \n> **ss 32O–32R:** Ins 1995 No 21, Sch 4 (17). Rep 2005 No 22, Sch 1 \\[14\\].","sortOrder":53},{"sectionNumber":"Part 4","sectionType":"part","heading":"Supplementary provisions","content":"# Part 4 Supplementary provisions\n\nPart 4 Supplementary provisions","sortOrder":54},{"sectionNumber":"33","sectionType":"section","heading":"Rules","content":"#### 33 Rules\n\n33 Rules\n\n> > (1), (2) (Repealed)\n> \n> > (3) The Rule Committee may make rules, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed for the purposes of, or in connection with, the exercise by the Tribunal of its jurisdiction or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (4) Without limiting subsection (3), rules may be made under that subsection for or with respect to—\n> > \n> > > (a) the procedure and practice to be followed in proceedings before the Tribunal (including the procedure and practice to be followed in the office of the registrar) and any matters incidental or relating to any such procedure or practice, and\n> > \n> > > (a1) regulating and prescribing the practice and procedure to be followed in the mediation or neutral evaluation of any matter under Part 3B, and\n> > \n> > > (b) the continuance of proceedings on the death or bankruptcy of a party or, in the case of a party that is a corporation, the continuance of proceedings on the winding up or dissolution of the corporation, and\n> > \n> > > (b1) the manner in which, time at which and persons by whom further damages to be awarded under section 11A (and any interest on those damages awarded under section 15) may be claimed, and\n> > \n> > > (c) the listing of matters for hearing by the Tribunal and the removal of matters from lists, and\n> > \n> > > (d) the commencement of proceedings before the Tribunal, and\n> > \n> > > (e) pre-hearing conferences and arbitration, and\n> > \n> > > (f) the charging of fees for interpreting services, and\n> > \n> > > (g) authorising the registrar or an agent of the Tribunal to—\n> > > \n> > > > (i) exercise any function of the Tribunal, or\n> > > \n> > > > (ii) exercise any function that, under the rules, is required to be exercised, and\n> > \n> > > (h) regulating the payment or transfer of money into or out of the Tribunal, and\n> > \n> > > (i) the duties of, and the records to be kept by, the registrar in relation to, or for the purposes of, any proceedings before the Tribunal, and\n> > \n> > > (j) any matters relating to costs of proceedings before the Tribunal, including taxation of costs, and\n> > \n> > > (k) regulating the mode in which evidence may be given, including the taking of evidence by video link or any other form of telecommunication from persons not present before the Tribunal, and\n> > \n> > > (l) requiring a plaintiff to file and serve on other parties a notice of particulars or further particulars of a specified class or description (verified as prescribed by the rules)—\n> > > \n> > > > (i) at the time the plaintiff applies for an expedited hearing or within a specified period before or after making such an application, and\n> > > \n> > > > (ii) at any other specified stage of the proceedings, and\n> > \n> > > (m) where there is more than one alleged tortfeasor—\n> > > \n> > > > (i) requiring a plaintiff who settles a claim with one or more but not all the alleged tortfeasors (before or after the proceedings were commenced) to file the terms of settlement and particulars of amounts paid under the settlement, and\n> > > \n> > > > (ii) authorising the disclosure, by the Tribunal or by a member, registrar or officer of the Tribunal, of any terms and particulars filed by a plaintiff to another party to the proceedings, whether or not the terms contain non-disclosure requirements, and\n> > > \n> > > > (iii) specifying the circumstances in which, and the matters that are to be taken into consideration before which, any such disclosure may be made, and\n> > \n> > > (n) empowering the Tribunal to order that all or any of the provisions of section 151AC of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) do not apply in or in relation to a particular case—\n> > > \n> > > > (i) on its own motion, or\n> > > \n> > > > (ii) on application by a party or by an insurer who is not a party and on its being satisfied as to specified matters.\n> \n> > (5) The rules may, with any adaptations specified in the rules, adopt by reference any rules made under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052).\n> \n> > (6) This section does not give power to make rules with respect to any matter relating to costs that is regulated by the legal costs legislation (as defined in section 3A of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016)).\n> \n> > (7) This section does not give power to make rules in terms inconsistent with those of the uniform rules under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) unless the uniform rules expressly permit rules under this section to be made in those terms.\n> \n> > (8) The rules made under this section may authorise or require the use of an electronic case management system established under clause 2 of Schedule 1 to the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008) in relation to any proceedings in a court in respect of which the use of such a system is authorised by an order in force under clause 3 of Schedule 1 to that Act.\n> \n> > (9) The rules made under this section may provide for the exercise by a registrar or other officer of the Tribunal of any of the Tribunal’s administrative or judicial functions under this or any other Act and for the review by the Tribunal of the exercise by a registrar or other such officer of any such function.\n> \n> > (10) The adoption by the rules by reference of any rules made under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) operates in the case of any such rules that are subsequently repealed (subject to any express provision to the contrary) as an adoption of those rules as in force immediately before their repeal, and continues to operate despite their repeal.\n> \n> > (11) The provisions of this Act prevail to the extent of any inconsistency between those provisions and a provision of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) or the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418).\n> \n> **s 33:** Am 1995 No 21, Sch 4 (3) (12)–(14) (18) (21); 1998 No 130, Sch 1 \\[10\\]; 2005 No 22, Sch 1 \\[15\\]; 2005 No 28, Sch 5.15 \\[3\\] \\[4\\]; 2005 No 98, Sch 2.15; 2010 No 119, Sch 2.16 \\[1\\] \\[2\\]; 2015 No 7, Sch 2.14 \\[3\\].","sortOrder":55},{"sectionNumber":"34","sectionType":"section","heading":"Regulations: Tribunal fees","content":"#### 34 Regulations: Tribunal fees\n\n34 Regulations: Tribunal fees\n\n> The Governor may make regulations for or with respect to fees to be paid in respect of proceedings before the Tribunal.","sortOrder":56},{"sectionNumber":"34A","sectionType":"section","heading":"Application of Supreme Court (Fees and Percentages) Regulation 1993","content":"#### 34A Application of Supreme Court (Fees and Percentages) Regulation 1993\n\n34A Application of [Supreme Court (Fees and Percentages) Regulation 1993](/view/pdf/asmade/sl-1993-458)\n\n> > (1) Until they were repealed on 1 September 1993, the Supreme Court (Fees and Percentages) Regulations are taken always to have applied to proceedings before the Tribunal in the same way as they applied in relation to proceedings before the Supreme Court.\n> \n> > (2) Until regulations are made under section 34, the [Supreme Court (Fees and Percentages) Regulation 1993](/view/pdf/asmade/sl-1993-458) applies to proceedings before the Tribunal in the same way as it applies to proceedings before the Supreme Court.\n> \n> > (3) Any payments prescribed by the [Supreme Court (Fees and Percentages) Regulation 1993](/view/pdf/asmade/sl-1993-458) and made before the commencement of this section are validated if they would have been valid had this section been in force when the payments were made.\n> \n> **s 34A:** Ins 1993 No 80, Sch 5.","sortOrder":57},{"sectionNumber":"35","sectionType":"section","heading":"Power to add diseases to Schedule 1","content":"#### 35 Power to add diseases to Schedule 1\n\n35 Power to add diseases to Schedule 1\n\n> > (1) The Governor may, by order published on the NSW legislation website, amend Schedule 1 by inserting the name of any disease.\n> \n> > (2) An order under subsection (1) takes effect on and from a day specified in the order or, if no day is so specified, on and from the date on which the order is published on the NSW legislation website.\n> \n> **s 35:** Am 2009 No 56, Sch 4.16.","sortOrder":58},{"sectionNumber":"36","sectionType":"section","heading":"Proceedings for offences","content":"#### 36 Proceedings for offences\n\n36 Proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.\n> \n> **s 36:** Rep 1999 No 85, Sch 4. Ins 2005 No 22, Sch 1 \\[16\\]. Am 2007 No 94, Sch 2.","sortOrder":59},{"sectionNumber":"37","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 37 Savings, transitional and other provisions\n\n37 Savings, transitional and other provisions\n\n> Schedule 3 has effect.\n> \n> **s 37:** Ins 1995 No 21, Sch 4 (15).","sortOrder":60},{"sectionNumber":"Part 5","sectionType":"part","heading":"Arbitration","content":"# Part 5 Arbitration\n\nPart 5 Arbitration\n\n**pt 5 (ss 38, 39):** Ins 1998 No 130, Sch 1 \\[11\\].","sortOrder":61},{"sectionNumber":"38","sectionType":"section","heading":"Arbitration for insurance purposes","content":"#### 38 Arbitration for insurance purposes\n\n38 Arbitration for insurance purposes\n\n> > (1) The rules may make provision for or with respect to the arbitration of disputes as to the liability of insurers as referred to in section 151AC of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070).\n> \n> > (2) In particular, the rules may make provision for or with respect to—\n> > \n> > > (a) the appointment of a member, registrar or other officer of the Tribunal, or another person approved by the President, as an arbitrator or referee, and\n> > \n> > > (b) the reference of disputes to arbitration, and\n> > \n> > > (c) the determination of the kinds of premises where arbitrations can be conducted and, if relevant, the provision of the services of officers of the Tribunal and the provision of court rooms and other facilities for the purposes of an arbitration, and\n> > \n> > > (d) requiring the plaintiff and other persons to give evidence at an arbitration, and\n> > \n> > > (e) the joinder of insurers and other persons as parties to the arbitration, including insurers and persons who were not parties to the original proceedings before the Tribunal, and\n> > \n> > > (f) the determination and payment of arbitration fees and expenses (including for example the cost of hiring premises) and the persons by whom the whole or any part of any such fees and expenses are to be paid, and\n> > \n> > > (g) the determination and payment of costs incurred in an arbitration, and\n> > \n> > > (h) the manner in which a determination of an arbitrator may be called in question, and whether or not, or to what extent, a determination may be called in question on a matter of fact or law, and\n> > \n> > > (i) any other matters associated with an arbitration.\n> \n> > (3) An arbitrator or referee has power to determine issues for the purpose of resolving any such dispute.\n> \n> > (4) Subject to any rules made under subsection (2) (h), the Tribunal, on application made to it by any party within the period prescribed by the rules, may set aside a determination made by an arbitrator or referee and may—\n> > \n> > > (a) refer the determination back to the arbitrator or referee who made it, or\n> > \n> > > (b) revoke the reference to the arbitrator or referee who made the determination and make such order as it thinks fit for the continuance of the matter.\n> \n> **pt 5 (ss 38, 39):** Ins 1998 No 130, Sch 1 \\[11\\].","sortOrder":62},{"sectionNumber":"39","sectionType":"section","heading":"Other statutory provisions not affected","content":"#### 39 Other statutory provisions not affected\n\n39 Other statutory provisions not affected\n\n> Nothing in this Part affects any other Act that enables the reference of actions or other matters to arbitration.\n> \n> **pt 5 (ss 38, 39):** Ins 1998 No 130, Sch 1 \\[11\\].","sortOrder":63},{"sectionNumber":"Part 6","sectionType":"part","heading":"Interim payments","content":"# Part 6 Interim payments\n\nPart 6 Interim payments","sortOrder":64},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary\n\n**pt 6, div 1 (s 40):** Ins 1998 No 130, Sch 1 \\[12\\].","sortOrder":65},{"sectionNumber":"40","sectionType":"section","heading":"Definitions","content":"#### 40 Definitions\n\n40 Definitions\n\n> In this Part—\n> \n> designated insurer means a designated insurer referred to in section 151AC of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070).\n> \n> inter-insurer dispute means a dispute referred to in section 151AC of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070), whether or not persons who are not insurers are involved.\n> \n> **pt 6, div 1 (s 40):** Ins 1998 No 130, Sch 1 \\[12\\].","sortOrder":66},{"sectionNumber":"Division 2","sectionType":"division","heading":"Interim payments, where no inter-insurer dispute","content":"## Division 2 Interim payments, where no inter-insurer dispute\n\nDivision 2 Interim payments, where no inter-insurer dispute\n\n**pt 6, div 2:** Ins 1998 No 130, Sch 1 \\[12\\].","sortOrder":67},{"sectionNumber":"41","sectionType":"section","heading":"Interim payments before assessment of damages, where no inter-insurer dispute","content":"#### 41 Interim payments before assessment of damages, where no inter-insurer dispute\n\n41 Interim payments before assessment of damages, where no inter-insurer dispute\n\n> > (1) Division 5 of Part 6 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) extends to proceedings before the Tribunal in relation to any liability of an employer to or in respect of whom section 151AB of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) applies.\n> \n> > (2) However, that Division does not apply to any claim in respect of which an inter-insurer dispute remains unresolved.\n> \n> **s 41:** Ins 1998 No 130, Sch 1 \\[12\\]. Subst 2005 No 22, Sch 1 \\[17\\].","sortOrder":68},{"sectionNumber":"Division 3","sectionType":"division","heading":"Interim payments, where inter-insurer dispute","content":"## Division 3 Interim payments, where inter-insurer dispute\n\nDivision 3 Interim payments, where inter-insurer dispute\n\n**pt 6, div 3 (ss 42–46):** Ins 1998 No 130, Sch 1 \\[12\\].","sortOrder":69},{"sectionNumber":"42","sectionType":"section","heading":"Definition","content":"#### 42 Definition\n\n42 Definition\n\n> In this Division—\n> \n> interim payment means payment of a part or the whole of damages by a designated insurer—\n> \n> > (a) in accordance with an order of the Tribunal under section 43, or\n> \n> > (b) voluntarily.\n> \n> **pt 6, div 3 (ss 42–46):** Ins 1998 No 130, Sch 1 \\[12\\].","sortOrder":70},{"sectionNumber":"43","sectionType":"section","heading":"Interim payments before or after assessment of damages where inter-insurer dispute","content":"#### 43 Interim payments before or after assessment of damages where inter-insurer dispute\n\n43 Interim payments before or after assessment of damages where inter-insurer dispute\n\n> > (1) While an inter-insurer dispute remains unresolved, the Tribunal may, in accordance with this section, order a designated insurer who is a party to the dispute to make one or more payments to the plaintiff of part or the whole of the damages sought to be recovered in the proceedings concerned.\n> \n> > (2) The Tribunal may make such an order against a designated insurer on the application of the plaintiff at any stage of the proceedings or at any time during the currency of the dispute (whether before or after judgment has been obtained, and whether before or after damages have been assessed).\n> \n> > (3) The Tribunal may make such an order if—\n> > \n> > > (a) the defendant or the designated insurer has admitted liability, or\n> > \n> > > (b) the plaintiff has obtained judgment against the defendant (whether or not damages have been assessed), or\n> > \n> > > (c) the Tribunal is satisfied that, if the proceedings proceeded to trial, the plaintiff would obtain judgment for substantial damages against the defendant.\n> \n> > (4) The Tribunal may order a designated insurer to make one or more payments of such amounts as it thinks just but not exceeding—\n> > \n> > > (a) if damages have not been assessed—a reasonable proportion of the damages that in the opinion of the Tribunal are likely to be recovered by the plaintiff, or\n> > \n> > > (b) if damages have been assessed—the amount of damages as assessed.\n> \n> > (5) In estimating damages that have not been assessed, the Tribunal is to take into account any relevant contributory negligence or any cross-claims on which the defendant may be entitled to rely.\n> \n> **pt 6, div 3 (ss 42–46):** Ins 1998 No 130, Sch 1 \\[12\\].","sortOrder":71},{"sectionNumber":"44","sectionType":"section","heading":"Interim payment not admission of liability, where inter-insurer dispute","content":"#### 44 Interim payment not admission of liability, where inter-insurer dispute\n\n44 Interim payment not admission of liability, where inter-insurer dispute\n\n> > (1) The fact that a designated insurer makes one or more interim payments is not of itself an admission of liability by the defendant or the designated insurer.\n> \n> > (2) The making of, or refusal to make, an order under section 43 is not a finding as to liability in respect of the proceedings.\n> \n> **pt 6, div 3 (ss 42–46):** Ins 1998 No 130, Sch 1 \\[12\\].","sortOrder":72},{"sectionNumber":"45","sectionType":"section","heading":"Adjustments, where inter-insurer dispute, before assessment of damages","content":"#### 45 Adjustments, where inter-insurer dispute, before assessment of damages\n\n45 Adjustments, where inter-insurer dispute, before assessment of damages\n\n> > (1) This section applies to proceedings in which a designated insurer makes one or more interim payments before damages are assessed.\n> \n> > (2) The Tribunal or an arbitrator or referee may make such orders with respect to the interim payments as may be just, and in particular may order one or more of the following—\n> > \n> > > (a) the repayment by the plaintiff of all or part of any interim payment, with or without interest,\n> > \n> > > (b) the variation or discontinuance of any such payments,\n> > \n> > > (c) the payment by another party to the proceedings of all or part of any interim payment that the defendant is entitled to recover from that party.\n> \n> > (3) The Tribunal may make an order under this section—\n> > \n> > > (a) in making a final judgment or order, or\n> > \n> > > (b) in granting the plaintiff leave to discontinue the proceedings or to withdraw the claim, or\n> > \n> > > (c) on the application of any party, at any other stage in the proceedings.\n> \n> > (4) Subject to any direction of the Tribunal, an arbitrator or referee may make an order under this section in the course of an arbitration under section 38, on the application of any party.\n> \n> **pt 6, div 3 (ss 42–46):** Ins 1998 No 130, Sch 1 \\[12\\].","sortOrder":73},{"sectionNumber":"46","sectionType":"section","heading":"Adjustments, where inter-insurer dispute, after assessment of damages","content":"#### 46 Adjustments, where inter-insurer dispute, after assessment of damages\n\n46 Adjustments, where inter-insurer dispute, after assessment of damages\n\n> > (1) This section applies where a designated insurer makes one or more interim payments after damages are assessed.\n> \n> > (2) The Tribunal or an arbitrator or referee may make such orders with respect to the interim payments as may be just, and in particular may order reimbursement of the designated insurer by another insurer to the dispute concerned for all or part of any interim payment, with or without interest.\n> \n> > (3) In making any such orders, the Tribunal or the arbitrator or referee is to have regard to the provisions of section 151AC of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) and to such other matters as the Tribunal considers to be relevant.\n> \n> > (4) The Tribunal may make such an order on the application of any party.\n> \n> > (5) Subject to any direction of the Tribunal, an arbitrator or referee may make such an order in the course of an arbitration under section 38, on the application of any party.\n> \n> **pt 6, div 3 (ss 42–46):** Ins 1998 No 130, Sch 1 \\[12\\].","sortOrder":74},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Prescribed dust diseases","content":"# Schedule 1 Prescribed dust diseases\n\nSchedule 1 Prescribed dust diseases\n\n(Sections 3, 35)\n\nAluminosis  \nAsbestosis  \nAsbestos induced carcinoma  \nAsbestos related pleural diseases  \nBagassosis  \nBerylliosis  \nByssinosis  \nCoal dust pneumoconiosis  \nDiffuse dust-related pulmonary fibrosis  \nFarmers’ lung  \nHard metal pneumoconiosis  \nHypersensitivity pneumonitis  \nMesothelioma  \nPneumoconiosis (any form)  \nSilica-induced carcinoma of the lung  \nSilicosis  \nSilico-tuberculosis  \nSystemic sclerosis  \nTalcosis\n\n**sch 1:** Am 2024 (568), Sch 1.","sortOrder":75},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions applicable to a member of the Tribunal","content":"# Schedule 2 Provisions applicable to a member of the Tribunal\n\nSchedule 2 Provisions applicable to a member of the Tribunal\n\n(Section 7 (4))\n\n**sch 2:** Am 2002 No 23, Sch 1.1 \\[3\\]; 2008 No 107, Sch 10 \\[2\\] \\[3\\].","sortOrder":76},{"sectionNumber":"1A","sectionType":"section","heading":"Interpretation","content":"#### 1A Interpretation\n\n1A Interpretation\n\n> In this Schedule—\n> \n> Judge includes an acting Judge.\n> \n> New South Wales court means the Supreme Court or District Court, or a Court that is of equivalent status (for the purposes of Part 9 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032)) to the Supreme Court or District Court.","sortOrder":77},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n(Section 37)\n\n**sch 3:** Ins 1995 No 21, Sch 4 (16). Am 1995 No 88, Sch 1; 1998 No 49, Sch 11 \\[2\\]; 1998 No 130, Sch 1 \\[13\\]–\\[15\\]; 2005 No 22, Sch 1 \\[18\\] \\[19\\].","sortOrder":80}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1989 purpose of simply establishing a specialist tribunal. Major expansions include: (1) 1995 amendments adding the Rule Committee and provisional damages system; (2) 1998 amendments introducing no limitation periods, interim payments during insurer disputes, post-death damages recovery, and issue estoppel provisions; (3) 2005 amendments adding comprehensive claims resolution processes, compulsory mediation, and detailed costs regulation. The Act now functions as a complete case management system with extensive procedural rules, insurance arbitration mechanisms, and information disclosure requirements — far beyond the original simple jurisdictional establishment."},"complexity_factors":["Multiple amendment layers: The Act has been amended by at least 6 separate Acts since 1989, with complex transitional provisions in Schedule 3 tracking which amendments apply to pending vs new proceedings","Extensive cross-referencing: Heavy reliance on external legislation including the Civil Procedure Act 2005, Workers Compensation Act 1987, Corporations Act 2001 (Cth), Legal Profession Uniform Law, and Limitation Act 1969","Nested conditional logic: Section 32H (regulations for claims resolution) contains 11 sub-paragraphs with multiple layers of 'for or with respect to' authorisations","Dual procedural frameworks: The Act operates alongside the Civil Procedure Act 2005 and Uniform Civil Procedure Rules, with complex precedence rules (s 33(11), s 32H(3))","Specialised insurance arbitration provisions: Part 5 and Part 6 create parallel systems for interim payments depending on whether 'inter-insurer disputes' exist, with different rules applying in each scenario","Retrospective operation provisions: Multiple sections (12A, 12B, 12C, 12D, 25A, 25B) have complex transitional rules about whether they apply to pending proceedings, causes of action arising before commencement, or determined proceedings","Defined terms with inclusive definitions: 'Dust-related condition' includes Schedule 1 diseases plus 'any other pathological condition... attributable to dust' (s 3)","Corporations law interaction: Section 10(6)-(7) contains complex declarations about 'excluded matters' and 'applied Corporations legislation matters' interacting with Commonwealth law"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a **specialist court** called the **Dust Diseases Tribunal** to handle compensation claims for people suffering from dust-related diseases (like asbestosis, silicosis, and mesothelioma). These are serious lung conditions typically caused by workplace exposure to harmful dust.\n\n**Who it affects:**\n\n- **Workers** who have developed dust-related diseases, or their families if the worker has died\n- **Employers** and **insurance companies** who may be liable for compensation\n- **Lawyers** representing either side\n\n**Key features:**\n\n- **Exclusive jurisdiction**: Dust disease claims *must* be brought to this Tribunal — they cannot go to other courts (with limited exceptions)\n- **No time limits**: Unlike most legal claims, there is **no deadline** for bringing a claim — victims can sue even decades after exposure\n- **Provisional damages**: The Tribunal can award initial compensation now, with the possibility of more later if the disease worsens\n- **Interim payments**: Seriously ill claimants can get money before the case finishes\n- **Special rules for insurers**: When multiple insurance companies argue about who pays, the Tribunal can order interim payments so victims aren't left waiting\n- **Streamlined process**: The Act allows for rules that promote faster settlement of claims, including compulsory mediation and information sharing between parties\n\n**Why it matters:**\n\nDust diseases often take 20–40 years to appear. By the time someone is diagnosed, the company responsible may be bankrupt, evidence may be lost, and the victim may be terminally ill. This law removes legal barriers (like time limits), speeds up compensation for dying plaintiffs, and ensures specialist handling of these complex medical and legal cases."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Based on the 20+ amendments over 35 years, the scope has almost certainly evolved significantly from the original 1989 Act. The sheer volume of amendments suggests expansions in jurisdiction, procedural reforms, and likely updates to cover newer dust diseases such as silicosis (which has seen a resurgence among engineered stone workers). However, the core purpose — a specialist tribunal for dust disease compensation claims — appears to have remained consistent."},"complexity_factors":["Specialist tribunal structure with its own jurisdiction, procedures, and rules distinct from ordinary courts","Interaction with multiple other laws (workers compensation, personal injury, evidence, civil procedure)","Long legislative history spanning 35+ years with over 20 amendment versions, each potentially changing rights and procedures","Complex evidentiary requirements involving medical, scientific, and occupational health expertise","Cross-jurisdictional considerations — dust exposure may have occurred in multiple states or countries","Limitation periods (time limits for making a claim) that interact with the slow onset of dust diseases","Only metadata and status information is provided in this extract — the actual operative provisions are not included, limiting full analysis"],"plain_english_summary":"## Dust Diseases Tribunal Act 1989 (NSW)\n\n**What is this?**\nThis is a NSW law that established a specialist court — the **Dust Diseases Tribunal** — dedicated to handling legal claims by people who have developed serious illnesses from breathing in harmful dust particles, such as asbestos fibres or silica dust, typically through their work.\n\n**Who does it affect?**\n- **Workers and former workers** who developed dust-related diseases (like mesothelioma, asbestosis, or silicosis) through workplace exposure\n- **Families of deceased victims** who may bring claims on behalf of a loved one who died from a dust disease\n- **Employers, companies, and insurers** who may be held responsible for exposing workers to dangerous dust\n\n**Why does it matter?**\nDust disease victims — many of whom are seriously ill or dying — need fast, specialised justice. Ordinary courts can be slow and are not set up to handle the complex medical and occupational evidence these cases require. This Tribunal was created specifically to:\n- **Speed up** the resolution of claims so sick people can receive compensation before they die\n- **Specialise** in the unique medical, scientific, and workplace evidence involved in dust disease cases\n- **Prioritise urgency** — cases involving terminally ill claimants can be fast-tracked\n\n**Key points for everyday people:**\n- If you or a family member has been diagnosed with asbestosis, mesothelioma, silicosis, or another dust-related disease, this Tribunal is where you would bring a compensation claim in NSW\n- The Tribunal has been in operation since 1989 and has been updated numerous times (over 20 versions) to keep pace with legal and procedural changes\n- It is overseen by the NSW Attorney General\n- Claims can be brought even if the exposure happened decades ago — these diseases often take 20–40 years to develop"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded by later insertions and amendments recorded within the text. New procedural and substantive features were added after the original enactment, including: a provisional damages procedure (s 11A), abolition of limitation periods for dust disease claims (s 12A), protections for estate claims after a plaintiff's death (s 12B), rules enabling a formal claims resolution regime and compulsory mediation and apportionment presumptions (s 32H), reporting and data‑collection duties on legal practitioners (s 32I), and insurer‑focused provisions for interim payments and inter‑insurer adjustments (ss 41–46). These insertions extend the Tribunal’s procedural remit and change parties’ liabilities and administrative obligations compared with the original, narrower statutory design."},"complexity_factors":["Extensive cross‑references to other statutes (Civil Procedure Act 2005, Corporations Act 2001, Workers Compensation Act 1987, Legal Profession Uniform Law) that change how Tribunal procedure interacts with general law (e.g. ss 10(4)–(7), 32H, 33).","Large delegated‑law component: significant powers are vested in the Rule Committee and in regulations to determine core processes (ss 32H, 33), shifting detail out of the Act and requiring review of secondary instruments.","Multiple specialised procedural tracks: exclusive jurisdiction, claims‑resolution process, arbitration for insurer disputes, interim payment regimes, provisional damages and insurer reimbursement mechanisms (ss 11, 32H, 38, 41–46, 11A).","Special evidentiary and res judicata provisions (admission of historical evidence, reuse of material, and barring relitigation of general issues) impose bespoke limits on litigation strategy (ss 25, 25A, 25B).","Data‑reporting and confidentiality rules, with professional conduct and monetary penalties, add regulatory and compliance detail (s 32I).","Appeal restrictions and enforcement mechanisms that mix Tribunal decisions with Supreme Court processes (s 32; s 14) create multi‑court procedural interactions.","Amendment history and transitional provisions mean scope and application vary depending on dates and prior proceedings (Schedule 3 and multiple inserted sections)."],"plain_english_summary":"What this law does, mechanically\n\n- Establishes the Dust Diseases Tribunal of New South Wales as a specialised court of record (ss 4–6). A single member hears cases; members are appointed by the Governor and are typically judges or acting judges (s 7). The Tribunal has a registrar and staff; it uses a seal (ss 5, 9).\n\n- Channels all civil claims about \"dust-related conditions\" into the Tribunal. If a person has (or had) a dust-related condition and the condition is alleged to be attributable to a breach of duty, then recovery of damages must be pursued in the Tribunal and not in other courts (s 11). The Tribunal also hears contribution claims between tortfeasors (s 11(1A)).\n\n- Gives the Tribunal broad civil‑procedure powers and procedural autonomy. It may apply the same powers a Supreme Court would have in similar cases, make rules through a Rule Committee, and have regulations that modify or displace provisions of the Civil Procedure Act where authorised (ss 10(4)–(5), 32A, 33, 32H(3)). The Tribunal’s decisions are enforceable like Supreme Court money judgments when the prescribed documents are filed in the Supreme Court registry (s 14).\n\n- Removes limitation periods for dust disease claims. Statutory limitation periods do not prevent bringing or maintaining proceedings in the Tribunal (s 12A).\n\n- Enables provisional damages. Where there is a chance the injured person will develop a further dust condition, the Tribunal can award damages assuming the further condition does not develop and then award further damages later if it does (s 11A).\n\n- Protects non‑economic damages from being reduced by certain workers’ compensation payments. Amounts paid (or payable) under the Workers’ Compensation (Dust Diseases) Act 1942 are not to be deducted from damages for non‑economic loss in Tribunal proceedings (s 12D).\n\n- Provides for interim payments and insurer procedures. The Act extends interim payment provisions to Tribunal proceedings (s 41). Where there is an inter‑insurer dispute, the Tribunal can order a designated insurer to make interim payments to a plaintiff (s 43). The Tribunal (or an arbitrator) can make adjustment and reimbursement orders among insurers and parties (ss 45–46).\n\n- Authorises arbitration and claims‑resolution processes. The rules may provide for arbitration of insurer liability disputes and for a formal claims resolution process including compulsory mediation, exchange of information, and appointment of a claims manager (ss 32H, 38).\n\n- Requires information reporting about claims. An Australian legal practitioner acting on a claim must supply information to the Registrar as required by regulation; the Registrar keeps a database and must provide reports to the Attorney General (s 32I). Failure to provide information or unauthorised disclosure carry specified penalties (s 32I(4), (8)).\n\n- Limits appeals and provides appeal rights on questions of law or evidence to the Supreme Court. Some appeals require leave of the Supreme Court (s 32).\n\nOfficial purpose claims and the practical trade‑offs the text creates\n\n- The Act expressly aims to concentrate and facilitate the resolution of dust‑disease claims (see the exclusive jurisdiction in s 11 and the regulation power to establish a claims resolution process in s 32H). That concentration is accomplished by routing claims to one specialist forum and by equipping that forum with bespoke procedure, rule‑making and regulatory powers.\n\n- Costs and who bears them: the Act creates several concrete ways costs shift among parties. The Tribunal can order interim payments by designated insurers (s 43). Regulations may set costs rules, impose costs penalties for rejecting settlement offers, and govern costs assessment (s 32H(1)(c), (2)(g), (2)(h)). Section 12D prevents deduction of certain workers’ compensation payments from non‑economic damages, which increases the gross non‑economic award that defendants or their insurers will ultimately meet in Tribunal proceedings.\n\n- Incentives and bargaining effects: the regulatory and rule‑making powers (ss 32H, 33) enable procedures (compulsory mediation, single claims manager, apportionment presumptions) that are designed, according to the text, to identify disputed issues and promote settlement. Mechanically, these devices change bargaining incentives by (a) enabling or mandating information exchange (s 32H(2)(a), (f)), (b) allowing cost consequences for unsuccessful tactics (s 32H(1)(c), (2)(g)), and (c) permitting apportionment presumptions or ministerial standard presumptions (s 32H(2)(c)).\n\n- Compliance burden and administrative costs: legal practitioners must provide claim information to the Registrar under regulation (s 32I(1)) and can face professional conduct consequences (s 32I(3)) or monetary penalties (s 32I(4)). The Registrar must maintain a claims database and report to the Attorney General (s 32I(5)–(6)), creating ongoing administrative work and data‑management obligations.\n\n- Bureaucratic and judicial discretion: the President and the Rule Committee have substantial discretion. The President fixes times/places and may direct hearings outside NSW (s 13); the Rule Committee makes rules on practice and procedure (s 33) and prescribes matters such as disclosure, fees, and use of electronic case management (s 33(4), (8)). The Governor and Attorney General also have appointment and regulation functions (s 7; s 32B; s 32H). These delegated powers mean many operational details are set outside the Act itself by rules and regulations.\n\n- Implementation risks and cross‑Act interactions: the Act repeatedly cross‑references other laws (Civil Procedure Act, Corporations Act, Workers Compensation Act, Legal Profession Uniform Law). Those cross‑references and the power to modify the application of uniform civil procedure rules (s 32H, s 33(7)) mean the Tribunal’s practice depends on both delegated instruments and interactions with other statutes. The Act also treats certain proceedings as excluded matters for the Corporations Act leave provisions (s 10(6)–(7)), which changes the procedural landscape for proceedings against externally administered companies.\n\nWho pays, who decides, and what behaviour changes (plain statements and section citations)\n\n- Who pays: defendants and their insurers are the likely payers of damages and may be ordered to make interim payments (s 43). Regulators may authorise fees in respect of Tribunal proceedings (s 34). Costs orders and penalties under the rules/regulations can shift payment obligations between parties (s 32H(1)(c), (2)(g); s 33(4)(j)).\n\n- Who decides: the Governor appoints members and the President (s 7). The President and the Tribunal decide case management matters and may delegate functions (s 13). The Rule Committee (membership and powers in ss 32A–32F and s 33) decides rules of practice and procedure. The Governor may make regulations under s 32H that affect claims resolution and apportionment.\n\n- Behaviour changes: plaintiffs will bring dust‑disease claims to this Tribunal rather than other courts (s 11). Insurers and defendants must anticipate interim payment orders and possible apportionment or reimbursement orders among insurers (ss 43, 45–46). Legal practitioners must supply claims information to the Registrar when required (s 32I), and parties may be required to mediate or submit to the claims resolution process (s 32H).\n\nNet effect of mechanisms (source‑grounded observations)\n\n- Centralisation: the Act centralises dust disease litigation in a specialist tribunal (s 11) and gives that tribunal powers to shape procedure and settlement incentives (ss 32H, 33). That centralisation concentrates decision‑making authority in a specialized body but delegates many procedural choices to rules and regulations.\n\n- Increased exposure timing: abolition of limitation periods for dust disease claims (s 12A) combined with protection of non‑economic damages from deduction by specified workers’ compensation payments (s 12D) alters the timing and magnitude of potential liabilities defendants/insurers face.\n\n- Administrative and compliance burdens: mandatory reporting to the Registrar, maintenance of a database and confidentiality constraints (s 32I) create duties for practitioners and the Tribunal’s registry.\n\n- Delegated rule and regulation power: many key operational features are left to the Rule Committee and Governor's regulations (ss 32H, 33). That structure makes outcomes sensitive to secondary instruments (rules, regulations) and to administrative implementation choices.\n\nSections cited repeatedly above: see ss 4–7, 9, 10, 11, 11A, 12A, 12B, 12C, 12D, 13, 14, 19, 20, 25, 25A, 25B, 32, 32A–32F, 32G–32I, 32H, 33, 34, 35, 38–39, 41–46, Schedule 1."}},"importantCases":[],"_links":{"self":"/api/acts/dust-diseases-tribunal-act-1989","history":"/api/acts/dust-diseases-tribunal-act-1989/history","analysis":"/api/acts/dust-diseases-tribunal-act-1989/analysis","conflicts":"/api/acts/dust-diseases-tribunal-act-1989/conflicts","importantCases":"/api/acts/dust-diseases-tribunal-act-1989/important-cases","documents":"/api/acts/dust-diseases-tribunal-act-1989/documents"}}