NSWIn ForceAct
Dust Diseases Tribunal Act 1989
12DDamages for non-economic loss not to be reduced by certain compensation payments
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#### 12D Damages for non-economic loss not to be reduced by certain compensation payments
12D Damages for non-economic loss not to be reduced by certain compensation payments
> > (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.
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> > (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).
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> > (3) In this section—
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> > damages for non-economic loss means damages or compensation for the following—
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> > > (a) pain and suffering,
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> > > (b) loss of amenities of life,
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> > > (c) loss of expectation of life,
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> > > (d) disfigurement,
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> > > (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.
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> **s 12D:** Ins 1998 No 130, Sch 1 \[6\].