Dust Diseases Tribunal of New South Wales
Encyclopedia
The Dust Diseases Tribunal of New South Wales was established on 21 July 1989 as a specialist court to deal with claims made for dust related illnesses. The tribunal deals with claims relating to death or personal injury resulting from certain dust diseases and other dust-related conditions.
Prior to the establishment of the tribunal, claims for dust related diseases were heard in the Supreme Court of New South Wales
and the District Court of New South Wales
. Following representations made by various trade unions to the New South Wales Parliament that many members were dying before their claims were heard, the tribunal was established. The first case was heard in the tribunal on 1 November 1989.
. An appeal may lie to the Court of Appeal of New South Wales
in certain circumstances.
It has exclusive jurisdiction
to deal with claims for injuries arising out of the diseases such as aluminosis
, asbestosis
, asbestos induced carcinoma
, asbestos related pleural disease, bagassosis
, berylliosis
, byssinosis
, coal dust pneumoconiosis
, farmers’ lung, hard metal pneumoconiosis, pleural and peritoneal mesothelioma
, silicosis
, silico-tuberculosis and talcosis. It also has jurisdiction over any other pathological condition of the lungs, pleura or peritoneum that is attributable to dust. In certain circumstances, dependents may also sue in the tribunal.
There is a President of the tribunal appointed by the Governor of New South Wales. The governor may also appoint judges of the District Court of New South Wales
to be members of the tribunal. There are currently four permanent members and a number of acting members. There is also a registrar and administrative support staff. Prior to the abolition of the Compensation Court of New South Wales
, the governor could only appoint a judge of the Compensation Court as a member of the tribunal.
, who was formerly a judge of the Compensation Court.
History
The tribunal was established to provide a specilalist jurisdiction to deal quickly and compassiately with victims of dust related injuries. Dust diseases affect the respiratory system and may take up to thirty years to become manifest. However, once a disease takes hold, sufferers usually need to have their case heard quickly.Prior to the establishment of the tribunal, claims for dust related diseases were heard in the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
and the District Court of New South Wales
District Court of New South Wales
The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...
. Following representations made by various trade unions to the New South Wales Parliament that many members were dying before their claims were heard, the tribunal was established. The first case was heard in the tribunal on 1 November 1989.
Jurisdiction
The tribunal is established under the Dust Diseases Tribunal Act 1989 (NSW). It is an inferior court and it is a court of recordCourt of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
. An appeal may lie to the Court of Appeal of New South Wales
Court of Appeal of New South Wales
The New South Wales Court of Appeal is the highest civil state court for the Australian State of New South Wales. It forms part of the Supreme Court of New South Wales.-History:...
in certain circumstances.
It has exclusive jurisdiction
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
to deal with claims for injuries arising out of the diseases such as aluminosis
ICD-10 Chapter X: Diseases of the respiratory system
- Acute upper respiratory infections :* Acute nasopharyngitis * Acute sinusitis* Acute pharyngitis** Streptococcal pharyngitis*** Strep throat** Acute pharyngitis due to other specified organisms** Acute pharyngitis, unspecified...
, asbestosis
Asbestosis
Asbestosis is a chronic inflammatory and fibrotic medical condition affecting the parenchymal tissue of the lungs caused by the inhalation and retention of asbestos fibers...
, asbestos induced carcinoma
Carcinoma
Carcinoma is the medical term for the most common type of cancer occurring in humans. Put simply, a carcinoma is a cancer that begins in a tissue that lines the inner or outer surfaces of the body, and that generally arises from cells originating in the endodermal or ectodermal germ layer during...
, asbestos related pleural disease, bagassosis
Bagassosis
Bagassosis, an interstitial lung disease, is a type of hypersensitivity pneumonitis attributed to exposure to molasses ....
, berylliosis
Berylliosis
Berylliosis, or chronic beryllium disease , is a chronic allergic-type lung response and chronic lung disease caused by exposure to beryllium and its compounds. As an occupational lung disease, it is most classically associated with beryllium mining or manufacturing of fluorescent light bulbs...
, byssinosis
Byssinosis
Byssinosis, also called "brown lung disease" or "Monday fever", is an occupational lung disease caused by exposure to cotton dust in inadequately ventilated working environments. Byssinosis commonly occurs in workers who are employed in yarn and fabric manufacture industries...
, coal dust pneumoconiosis
Pneumoconiosis
Pneumoconiosis is an occupational lung disease and a restrictive lung disease caused by the inhalation of dust, often in mines.-Types:Depending upon the type of dust, the disease is given different names:...
, farmers’ lung, hard metal pneumoconiosis, pleural and peritoneal mesothelioma
Peritoneal mesothelioma
Peritoneal mesothelioma is the name given to the cancer that attacks the lining of the abdomen. This type of cancer affects the lining that protects the contents of the abdomen and which also provides a lubricating fluid to enable the organs to move and work properly.The peritoneum is made of two...
, silicosis
Silicosis
Silicosis, also known as Potter's rot, is a form of occupational lung disease caused by inhalation of crystalline silica dust, and is marked by inflammation and scarring in forms of nodular lesions in the upper lobes of the lungs...
, silico-tuberculosis and talcosis. It also has jurisdiction over any other pathological condition of the lungs, pleura or peritoneum that is attributable to dust. In certain circumstances, dependents may also sue in the tribunal.
There is a President of the tribunal appointed by the Governor of New South Wales. The governor may also appoint judges of the District Court of New South Wales
District Court of New South Wales
The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...
to be members of the tribunal. There are currently four permanent members and a number of acting members. There is also a registrar and administrative support staff. Prior to the abolition of the Compensation Court of New South Wales
Compensation Court of New South Wales
The Compensation Court of New South Wales was a court in the Australian State of New South Wales. It had unlimited jurisdiction within the state in workers compensation matters....
, the governor could only appoint a judge of the Compensation Court as a member of the tribunal.
Presidents and members
The current president is His Honour Judge John Lawrence O’MeallyJohn Lawrence O’Meally
The Honourable Judge John Lawrence O'Meally was president of the Dust Diseases Tribunal of New South Wales. He was the first judge to hear a dust diseases case in the tribunal after it was created in 1989...
, who was formerly a judge of the Compensation Court.