Jurisdiction

The Dust Diseases Tribunal Act 1989, provides the Tribunal with exclusive jurisdiction to hear and determine claims for damages for dust related diseases.

What is a Dust Disease?

Schedule 1 of the Dust Diseases Tribunal Act 1989 prescribes the types of dust diseases that can be considered by the Tribunal.
 

Special provisions

There is often a long time between exposure to the dust, the appearance of symptoms and the diagnosis of a condition. For this reason, a special provision in the legislation allows claims for dust-related conditions to be bought at any time. 

The Limitation Act 1969 does not operate to prevent the bringing or maintenance of dust-related proceedings. 

The legislation also provides for an award of provisional damages where a person is currently suffering from a dust disease, but can also prove there is a chance that some time in the future, it is possible the same person could develop another dust disease.