{"id":"nsw:sl-2023-0484","name":"Workers’ Compensation (Dust Diseases) Regulation 2023","slug":"workers-compensation-dust-diseases-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"484 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175977,"registerId":"nsw-nsw:sl-2023-0484-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Workers’ Compensation (Dust Diseases) Regulation 2023](/view/html/inforce/current/sl-2023-0484).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Workers’ Compensation (Dust Diseases) Regulation 2018](/view/html/repealed/current/sl-2018-0517), which would otherwise be repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> compensation means compensation under the Act, section 8.\n> \n> the Act means the [Workers’ Compensation (Dust Diseases) Act 1942](/view/html/inforce/current/act-1942-014).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Applications for compensation—the Act, s 10(2)","content":"#### 4 Applications for compensation—the Act, s 10(2)\n\n4 Applications for compensation—the Act, s 10(2)\n\n> > (1) An application for compensation must be made to the Authority in a form approved by the Authority.\n> \n> > (2) The Authority may require an applicant for compensation for total or partial disablement to give the Authority full and correct information concerning—\n> > \n> > > (a) the applicant’s present and previous employment and engagements, whether as a worker or otherwise, in and outside New South Wales, and\n> > \n> > > (b) the applicant’s dependants and the extent of their dependency.\n> \n> > (3) The Authority may require an applicant for compensation who was a dependant of a deceased worker to give the Authority full and correct information concerning the extent of the dependency.\n> \n> Note—\n> \n> The [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 5A contains offences relating to the making of false or misleading applications or providing false or misleading information or documents. The offences have a maximum penalty of imprisonment for 2 years or a fine of $22,000, or both.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Employers to supply certain information—the Act, s 10(2)(b1)","content":"#### 5 Employers to supply certain information—the Act, s 10(2)(b1)\n\n5 Employers to supply certain information—the Act, s 10(2)(b1)\n\n> > (1) This section applies to a person (a relevant employer) who employs or has employed—\n> > \n> > > (a) an applicant for compensation, or\n> > \n> > > (b) a person receiving compensation under an award of compensation, or\n> > \n> > > (c) a person who has been claimed by an applicant for compensation to be dependent on—\n> > > \n> > > > (i) the applicant, or\n> > > \n> > > > (ii) a person receiving compensation, or\n> > \n> > > (d) a person for whose death an application has been made for an award of compensation.\n> \n> > (2) The Authority may, by written notice given to a relevant employer, require the employer to give the Authority information about the employment and remuneration of a person mentioned in subsection (1)(a)–(d).\n> \n> > (3) The notice must specify—\n> > \n> > > (a) the information required to be given, and\n> > \n> > > (b) the time within which the information must be given.\n> \n> > (4) A relevant employer who is given a notice must comply with the notice.\n> > \n> > Maximum penalty for subsection (4)—1 penalty unit.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Delegation to authorised persons","content":"#### 6 Delegation to authorised persons\n\n6 Delegation to authorised persons\n\n> The appointed directors of the ICNSW Board, within the meaning of the [State Insurance and Care Governance Act 2015](/view/html/inforce/current/act-2015-019), are authorised as a class of persons for the Act, section 5AB(2), definition of authorised person, paragraph (b).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Repeal and savings","content":"#### 7 Repeal and savings\n\n7 Repeal and savings\n\n> > (1) The [Workers’ Compensation (Dust Diseases) Regulation 2018](/view/html/repealed/current/sl-2018-0517) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Workers’ Compensation (Dust Diseases) Regulation 2018](/view/html/repealed/current/sl-2018-0517), had effect under that regulation continues to have effect under this regulation.","sortOrder":6}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment of the 2018 regulation with no expansion beyond the original purpose of administering dust diseases compensation claims. The savings provision ensures continuity without policy change."},"complexity_factors":["Only 3 defined terms in the interpretation section ('compensation', 'the Act', and implicit references to the Interpretation Act)","Minimal cross-referencing—primarily references to the parent Act (Workers' Compensation (Dust Diseases) Act 1942) and one governance Act","Straightforward procedural provisions without nested conditions or exceptions","Single penalty provision with clear maximum (1 penalty unit)","Short length (7 sections total, approximately 2 pages)","No complex conditional logic or 'if-then-else' chains beyond basic applicability triggers"],"plain_english_summary":"This regulation sets out the administrative rules for claiming compensation under NSW's special scheme for workers with dust-related diseases (like asbestosis, silicosis, and mesothelioma).\n\n**What it does:**\n- **Establishes how to apply for compensation**: Claims must be submitted to the Dust Diseases Authority using an approved form.\n- **Requires detailed information from applicants**: People claiming compensation for total or partial disability must provide full details about their work history (in NSW and elsewhere) and their dependants. Dependants claiming after a worker's death must prove the extent of their financial dependency.\n- **Powers employers to provide employment records**: Current or former employers can be legally compelled to hand over information about a worker's employment and pay. Failing to comply carries a penalty.\n- **Authorises specific delegates**: Confirms that appointed directors of the ICNSW Board can exercise certain powers under the main Act.\n- **Repeals and replaces the 2018 version**: The old rules are scrapped, but anything validly done under them remains valid under the new regulation.\n\n**Who it affects:**\n- Workers suffering from dust diseases seeking compensation\n- Dependants of deceased workers making death benefit claims\n- Current and former employers of these workers\n- The Dust Diseases Authority (the government body administering the scheme)\n\n**Why it matters:**\nDust diseases often develop decades after exposure, making work history crucial but difficult to prove. This regulation ensures the Authority can compel both applicants and employers to provide the necessary evidence to assess claims fairly, while maintaining continuity of rights from the previous regulatory regime."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata only, there is no evidence of scope change from original intent. The regulation appears to be a standard remake or continuation of dust diseases compensation rules within its established NSW framework. Without access to the substantive provisions, a definitive scope assessment cannot be made."},"complexity_factors":["Substantive content of the regulation is not available in the provided text, limiting full analysis","Sits within a layered legislative framework (regulation under an Act, subject to separate oversight legislation)","Dust diseases compensation involves inherently complex medical and legal determinations, though these likely appear in the parent Act rather than this regulation","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal dimension to interpretation","Score is kept low because only metadata — not operative provisions — was provided for analysis"],"plain_english_summary":"The Workers' Compensation (Dust Diseases) Regulation 2023 is an NSW regulation under the workers’ compensation framework for dust-caused illnesses. It affects workers exposed to hazardous dust, their families, employers in dust-heavy industries, insurers and scheme administrators; it commenced 25 August 2023 and is due to repeal on 1 September 2028.\n\nDust diseases are often fatal and irreversible; this regulation therefore shapes how claims are made and assessed, what conditions and payments are covered, and how the dust‑diseases scheme operates—directly affecting financial outcomes for affected workers and families."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation replaces the 2018 version but expressly preserves existing acts or matters that had effect immediately before repeal (s 7(1)–(2)). Mechanically it sets procedural requirements (approved forms, applicant and employer information duties, a small employer penalty, and authorisation of ICNSW Board directors) and fixes commencement on publication (s 2). No substantive expansion of claim entitlements is stated in the text supplied; changes appear procedural and continuity‑preserving."},"complexity_factors":["Short, focused instrument limited to procedural rules (forms, information, notices) rather than substantive entitlements (overall length and scope).","Applicant obligations to provide employment/dependency information and potential criminal penalties for false statements noted (s 4(1)–(3); cross‑reference to Crimes Act note).","Authority discretion to approve forms and to require employer information (s 4(1); s 5(2)–(3)), creating administrative decision points.","Employer compliance duty and a civil penalty of 1 penalty unit for non‑compliance (s 5(4)); imposes modest compliance cost on employers).","Delegation/authorisation of a class of authorised persons (appointed ICNSW Board directors) confers investigatory/administrative powers (s 6).","Repeal and savings clause preserves continuity with the 2018 regulation, reducing transitional legal uncertainty but requiring attention to saved matters (s 7(1)–(2)).","Multiple cross‑references to other statutes (the Act; Interpretation Act; State Insurance and Care Governance Act; Crimes Act) mean interpretation depends on external instruments (ss 3 note; s 6)."],"plain_english_summary":"This regulation sets procedural rules for NSW workers’ compensation claims for dust diseases. It requires applicants to use Authority‑approved forms and provide full employment, dependency and remuneration information; it lets the Authority require employers to supply employment and pay records (with a small penalty for non‑compliance). It also authorises appointed ICNSW Board directors as authorised persons, fixes commencement on publication, and repeals the 2018 regulation while preserving existing legal effects."}},"importantCases":[],"_links":{"self":"/api/acts/workers-compensation-dust-diseases-regulation-2023","history":"/api/acts/workers-compensation-dust-diseases-regulation-2023/history","analysis":"/api/acts/workers-compensation-dust-diseases-regulation-2023/analysis","conflicts":"/api/acts/workers-compensation-dust-diseases-regulation-2023/conflicts","importantCases":"/api/acts/workers-compensation-dust-diseases-regulation-2023/important-cases","documents":"/api/acts/workers-compensation-dust-diseases-regulation-2023/documents"}}