The Dust Diseases Tribunal of New South Wales was established on 21 July 1989 as a specialist

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...

within the

Australian court hierarchy The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matter ...

with exclusive

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

within

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

, Australia, to deal with claims for damages from sufferers of dust-related illnesses, including those linked to

asbestos Asbestos () is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere b ...

exposure, and from dependants of sufferers who have died. The tribunal is located in the John Maddison Tower in the

Sydney central business district The Sydney central business district (CBD) is the historical and main Central business district, commercial centre of Sydney. The CBD is Sydney's city centre, or Sydney City, and the two terms are used interchangeably. Colloquially, the CBD or c ...

History

The tribunal was established to provide a specialist jurisdiction to deal quickly and compassionately 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 The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court i ...

and the

District Court of New South Wales The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a rang ...

. Following representations made by various trade unions to the

New South Wales Parliament The Parliament of New South Wales is a bicameral legislature in the Australian state of New South Wales (NSW), consisting of the New South Wales Legislative Assembly (lower house) and the New South Wales Legislative Council (upper house). Each ...

that many members were dying before their claims were heard, the tribunal was established. The first president was

John Lawrence O'Meally John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second ...

(AM RFD). The first case was heard in the tribunal on 1 November 1989.

Jurisdiction

The tribunal was established pursuant to the as an

inferior court A lower court or inferior court is a court from which an Appeal (law), appeal may be taken, usually referring to courts other than supreme court. In relation to an appeal from one court to another, the lower court is the court whose decision is ...

and a

court of record A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written recor ...

. An appeal may lie to the

Court of Appeal of New South Wales A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance w ...

in certain circumstances. It has

exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...

to deal with claims for injuries arising out of the diseases such as

aluminosis Aluminosis (also known as aluminium lung) is a restrictive lung disease caused by exposure to aluminum-bearing dust. Aluminosis is a form of pneumoconiosis that can lead to pulmonary fibrosis. First cases of lung damage from aluminium exposure were ...

asbestosis Asbestosis is long-term inflammation and pulmonary fibrosis, scarring of the human lung, lungs due to asbestos, asbestos fibers. Symptoms may include shortness of breath, cough, wheezing, and chest pain, chest tightness. Complications may include ...

, asbestos induced

carcinoma Carcinoma is a malignancy that develops from epithelial cells. Specifically, a carcinoma is a cancer that begins in a tissue that lines the inner or outer surfaces of the body, and that arises from cells originating in the endodermal, mesodermal ...

asbestos related pleural disease Mesothelioma is a type of cancer that develops from the thin layer of tissue that covers many of the internal organs (known as the mesothelium). The most common area affected is the lining of the lungs and chest wall. Less commonly the lining ...

bagassosis Bagassosis, an interstitial lung disease, is a type of hypersensitivity pneumonitis attributed to exposure to moldy molasses or bagasse dust. Signs and symptoms Some symptoms and signs of Bagassosis include breathlessness, cough, haemoptysis, slig ...

berylliosis Berylliosis, or chronic beryllium disease (CBD), is a chronic allergic-type lung response and chronic lung disease caused by exposure to beryllium and its compounds, a form of beryllium poisoning. It is distinct from acute beryllium poisoning, whi ...

byssinosis Byssinosis is an occupational lung disease caused by inhalation of cotton or jute dust in inadequately ventilated working environments and can develop over time with repeated exposure. Byssinosis commonly occurs in textile workers who are employed ...

coal dust Coal dust is a fine powdered form of which is created by the crushing, grinding, or pulverizing of coal. Because of the brittle nature of coal, coal dust can be created during mining, transportation, or by mechanically handling coal. It is a form o ...

pneumoconiosis Pneumoconiosis is the general term for a class of interstitial lung disease where inhalation of dust ( for example, ash dust, lead particles, pollen grains etc) has caused interstitial fibrosis. The three most common types are asbestosis, silicos ...

farmers’ lung Farmer's lung (not to be confused with silo-filler's disease) is a hypersensitivity pneumonitis induced by the inhalation of biologic dusts coming from hay dust or mold spores or any other agricultural products. It results in a type III hypers ...

, hard metal pneumoconiosis,

pleural The pleural cavity, pleural space, or interpleural space is the potential space between the pleurae of the pleural sac that surrounds each lung. A small amount of serous pleural fluid is maintained in the pleural cavity to enable lubrication bet ...

and peritoneal mesothelioma,

silicosis Silicosis is a form of occupational lung disease caused by inhalation of crystalline silica dust. It is marked by inflammation and scarring in the form of nodular lesions in the upper lobes of the lungs. It is a type of pneumoconiosis. Silicos ...

, silico-tuberculosis and

talcosis Pulmonary talcosis is a pulmonary disorder caused by talc. It has been related to silicosis resulting from inhalation of talc and silicates. It is also tied to heroin use where talc might be used as an adulterant to increase weight and street va ...

. 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 of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the ...

. 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 Compensation may refer to: *Financial compensation *Compensation (chess), various advantages a player has in exchange for a disadvantage * ''Compensation'' (essay), by Ralph Waldo Emerson * ''Compensation'' (film), a 2000 film *Compensation (psych ...

, 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 Justice Derek Price .

References

External links

*Annual Review 2005, Dust Diseases Tribunal of NSW. * *{{website, http://www.dustdiseasestribunal.justice.nsw.gov.au/ New South Wales courts and tribunals

Health in New South Wales Courts and tribunals established in 1989

History

Jurisdiction

Presidents and members

See also

References

External links