New South Wales Consolidated Acts

DUST DISEASES TRIBUNAL ACT 1989

- As at 15 November 2024 
- Act 63 of 1989 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - CONSTITUTION OF THE TRIBUNAL

   4.      Tribunal to be established as a court of record
   5.      Tribunal to have a seal
   6.      Single member to constitute the Tribunal
   7.      Members of the Tribunal
   7A.     Vacancy in office of or absence of President
   7B.     Acting President
   8.      Immunity of member
   9.      Staff of the Tribunal to be appointed

   PART 3 - JURISDICTION OF, AND PROCEEDINGS BEFORE, THE TRIBUNAL

   10.     Jurisdiction and functions of the Tribunal
   11.     Claims for damages for dust diseases etc to be brought under this Act
   11A.    Award of provisional damages
   12.     Transfer of proceedings from the Supreme Court or District Court to the Tribunal
   12A.    No limitation period
   12B.    Damages for non-economic loss after death of plaintiff
   12C.    Effect of settlement on proceedings by or against joint and several tortfeasors
   12D.    Damages for non-economic loss not to be reduced by certain compensation payments
   13.     Proceedings before the Tribunal
   14.     Judgments and orders for payment of money
           15, 16. (Repealed)
   17.     Parties to proceedings before the Tribunal
   18.     (Repealed)
   19.     Right of appearance and representation before the Tribunal
   20.     Subpoenas and examination of witnesses
   21.     Person issued with a subpoena may be apprehended
   22.     Inspection and retention of records
   23.     (Repealed)
   24.     Examination de bene esse
   25.     Evidence in proceedings before the Tribunal
   25A.    Material already obtained
   25B.    General issues already determined
   26.     Contempt of the Tribunal
           27-31. (Repealed)
   32.     Right of appeal to Supreme Court

   PART 3A - RULE COMMITTEE

   32A.    Establishment of the Rule Committee
   32B.    Composition of the Rule Committee
   32C.    Deputies for barrister and solicitor members
   32D.    Chairperson and deputy chairperson of the Rule Committee
   32E.    Meetings of the Rule Committee
   32F.    Secretary to the Rule Committee

   PART 3B - REGULATIONS--CLAIMS MANAGEMENT AND PRACTICE AND PROCEDURE

   32G.    Definitions
   32H.    Regulations to promote claims resolution
   32I.    Information about claims

   PART 4 - SUPPLEMENTARY PROVISIONS

   33.     Rules
   34.     Regulations: Tribunal fees
   34A.    Application of Supreme Court (Fees and Percentages) Regulation 1993
   35.     Power to add diseases to Schedule 1
   36.     Proceedings for offences
   37.     Savings, transitional and other provisions

   PART 5 - ARBITRATION

   38.     Arbitration for insurance purposes
   39.     Other statutory provisions not affected

   PART 6 - INTERIM PAYMENTS

           Division 1 - Preliminary

   40.     Definitions

           Division 2 - Interim payments, where no inter-insurer dispute

   41.     Interim payments before assessment of damages, where no inter-insurer dispute

           Division 3 - Interim payments, where inter-insurer dispute

   42.     Definition
   43.     Interim payments before or after assessment of damages where inter-insurer dispute
   44.     Interim payment not admission of liability, where inter-insurer dispute
   45.     Adjustments, where inter-insurer dispute, before assessment of damages
   46.     Adjustments, where inter-insurer dispute, after assessment of damages
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3