Where am I now? Lawlink > Dust Diseases Tribunal > FREQUENTLY ASKED QUESTIONS  Print page   FREQUENTLY ASKED QUESTIONS What is the Dust Diseases Tribunal ? Where is the Dust Diseases Tribunal and what are its office hours ? Why do we need a specific Tribunal for dust diseases ? Is the Tribunal the same as the Dust Diseases Board ? Is the Tribunal a Federal or State body ? Is the Tribunal independent ? Is The Tribunal a civil or criminal court ? What legislation does the Tribunal operate under ? Is there a statute of limitations on suing for damages for dust diseases ? How long does it take before a case is heard ? Is there a specific amount of money allocated to a specific type of damage ? How does the Tribunal assess the damages awarded in specific cases ? Who pays the damages ? What does a plaintiff have to prove in order to win the case and be awarded damages ? Can a case be appealed if a plaintiff or defendant is unsatisfied with the judgement ? What happens if a person who has a dust disease dies before the case is heard ? Am I able to get a transcript ? What is the Dust Diseases Tribunal ? The Dust Diseases Tribunal is a court that hears claims for damages for those who have been affected by dust diseases, including asbestos exposure. The Tribunal also hears claims for contribution or indemnity by or between tortfeasors and insurers. Where is the Dust Diseases Tribunal and what are the office hours ? Location John Maddison Tower Level 12, 88 Goulburn Street Sydney NSW 2000 Postal Address Locked Bag 16 Haymarket NSW 1240 DX Number DX 11567 Sydney Downtown Telephone: (02) 9377 5440 Fax: (02) 9377 5433 Office hours 9.00am – 4.00pm Directions list - usually on Monday at 10.00am. Subpoena list - usually on Wednesday at 10.30am. Why do we need a specific Tribunal for dust diseases ? Illnesses brought about by exposure to dusts in the workplace and elsewhere used to be heard in the Supreme Court or the District Court. In 1989, the NSW Parliament acknowledged the special needs of people with dust diseases, particularly those of people who had been exposed to asbestos fibres. It was agreed that people who had developed dust diseases were entitled to have their cases heard quickly. Is the Tribunal the same as the Dust Diseases Board ? No. The Tribunal is a court of record and, by court proceedings, damages may be awarded against a defendant who negligently exposed an injured plaintiff to dust. The Workers Compensation Dust Diseases Board provides statutory no-fault workers' compensation to those who have developed a dust disease as a direct result of exposure in the workplace. Is the Tribunal a Federal or State body ? The Tribunal is a New South Wales Court of record with powers like the Supreme Court of New South Wales, and, has exclusive jurisdiction in dust diseases related cases. Is the Tribunal independent ? The Tribunal operates with the same independence as any other Court of law. Is the Tribunal a civil or a criminal court ? The Tribunal is a court specifically hears civil claims for Dust Diseases. What legislation does the Tribunal operate under ? The Dust Diseases Tribunal Act (1989). Is there a statute of limitations on suing for damages for dust diseases ? For cases where exposure to dust occurred in NSW, there is no statute of limitations. If the exposure to dust occurred in other states, then the limitation laws of those states will apply. How long does it take before a case is heard ? The Tribunal was created to ensure claims made by people with dust diseases were heard expeditiously. In very urgent cases, a hearing may occur on the same day that the claim was lodged. Universal time standards are not appropriate for this jurisdiction. Some dust diseases are not as disabling as others and some diseases progress with time. The Tribunal is generally able to hear cases within four months, depending upon the nature of the claim and the wishes of the parties. Is there a specific amount of money allocated to a certain type of damage ? No. When a judgment is made in favour of a plaintiff, the damages are assessed with consideration to that plaintiff’s particular circumstances. How does the Tribunal assess the amount of damages awarded ? Every case is different. The Judge may consider the nature of the disease, the prognosis for the disease, any loss of income, the pain and suffering experienced as a result of the disease, the costs of the plaintiff's care and relevant household maintanence. Who pays the damages ? Employers who negligently exposed a plaintiff to dust, or manufacturers or producers who negligently failed to warn of the dangers of dust, may be held liable to pay damages. Occupiers of premises may also, in some circumstances, be liable for the results of exposure to dust. Where an employer or manufacturer was insured against the liability to pay damages, the insurer may conduct the case on behalf of the insured employer or manufacturer and, subject to the terms of the insurance policy, pay the damages. Where a plaintiff was employed by several employers and their negligence may have contributed to the plaintiff's illness, one defendant employer may join the other employers to the main claim by filing a cross claim, the other defendant employers may then be required to contribute to the payment of the damages. What does a plaintiff have to prove in order to win the case and be awarded damages ? A plaintiff must prove, against the defendant, that the plaintiff's dust disease was caused by the defendant's negligence and that the defendant's negligence caused the plaintiff to suffer the related loss and damage from exposure to the present day. A defendant who has committed a breach of statutory duty may also be liable to pay damages. Can a case be appealed if a plaintiff or defendant is unsatisfied with the judgment ? Appeals against interlocutory decisions, decisions as to costs, final decisions involving a claim for or a question relating to an amount of $20,000 or more, and appeals against decisions made with the consent of the parties require the leave of the Supreme Court. Such appeals are limited to a question of law. What happens if a person who has a dust disease dies before the case is heard ? Every effort is made to ensure that cases are heard as quickly as possible. The Tribunal Judges frequently travel to the plaintiff's home, to hospices and hospitals, to hear a plaintiff’s evidence. If a plaintiff dies after a claim has been lodged but before the case is finished and the case arose in NSW, Victoria or South Australia, the damages claimed will survive the plaintiff's death. Dependants of a person who died of a dust disease can lodge a claim in the Tribunal. Am I able to get a transcript ? Anyone may apply for a transcript or judgment in any matter heard by the Tribunal. The cost of the transcript depends partly on the number of pages of the transcript. An application form must be completed and on the payment of a deposit, the transcript will be ordered for you. You will be notified once the transcript becomes available and the full payment of the transcript will then be required. A Transcript Analyser (disc) is also available with the transcript on the payment of an additional fee.
		Last updated: 29 March 2011