Dust Diseases Tribunal of New South Wales

Coat of Arms of New South Wales

Dust Diseases Tribunal of New South Wales

The Dust Diseases Tribunal of New South Wales is a specialized court in New South Wales, Australia, established to handle claims for compensation arising from dust-related diseases. These diseases primarily include asbestosis, mesothelioma, silicosis, and other respiratory conditions caused by exposure to harmful dust particles.

History

The Tribunal was established in 1989 under the Dust Diseases Tribunal Act 1989 (NSW). Its creation was driven by the need to provide a more efficient and specialized legal process for individuals suffering from dust-related diseases, which were becoming increasingly prevalent due to historical industrial practices.

Jurisdiction

The Tribunal has exclusive jurisdiction over claims for damages related to dust diseases. This includes claims for personal injury, dependency claims by family members of deceased victims, and claims for loss of consortium. The Tribunal's jurisdiction covers all of New South Wales.

Functions

The primary function of the Dust Diseases Tribunal is to adjudicate claims for compensation. It aims to provide a swift and fair resolution to cases, recognizing the often urgent medical needs of claimants. The Tribunal also has the authority to make interim awards to provide immediate financial assistance to claimants in urgent need.

Procedures

The Tribunal follows procedures designed to expedite the resolution of claims. This includes simplified rules of evidence and procedure compared to other courts. The Tribunal can also appoint medical experts to assess the condition of claimants and provide expert testimony.

Significance

The Dust Diseases Tribunal plays a crucial role in providing justice and compensation to individuals affected by dust-related diseases. It ensures that victims and their families receive timely and fair compensation, which can be critical given the severe and often terminal nature of these diseases.

Related Bodies

The Tribunal works in conjunction with other bodies such as the Dust Diseases Board of New South Wales, which provides financial support and medical care to individuals suffering from dust diseases.

Notable Cases

Over the years, the Tribunal has presided over numerous significant cases that have shaped the legal landscape regarding occupational health and safety, particularly in industries such as construction, mining, and manufacturing.

See Also

• Asbestosis
• Mesothelioma
• Silicosis
• Occupational safety and health
• Dust Diseases Board of New South Wales
• Workers' compensation