Contents (1989 - 63)
Dust Diseases Tribunal Act 1989 No 63
Status information

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15, 16 (Repealed)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18 (Repealed)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23 (Repealed)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27–31 (Repealed)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 Prescribed dust diseases

 Schedule 2 Provisions applicable to a member of the Tribunal

 Schedule 3 Savings, transitional and other provisions

Historical notes