Jurisdiction
The tribunal was established pursuant to the Dust Diseases Tribunal Act 1989 (NSW) as an inferior court and a court of record. 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.
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