NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Death v Workers Compensation (Dust Diseases) Authority (No 1) [2020] NSWDC 103 Hearing dates: 16 March 2020 Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Civil Before: Neilson DCJ Decision: Appeal dismissed Catchwords: STATUTORY INTERPRETATION
Workers Compensation (Dust Diseases) Act 1942 – Whether a person who performed voluntary work for a hardware business and was exposed to asbestos dust in the cause of that work is a "worker" for the purposes of this Act – Held, to be a "worker" under this Act, a person must be a "worker" as defined by the Workplace Injury Management and Workers Compensation Act, 1998. Legislation Cited: Coal Mine Health and Safety Act 2002 Coal Mines Regulation Act 1982 Rural Fires Act 1997 Worker's Compensation Act 1926 Worker's Compensation Act 1987 Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 Worker's Compensation (Dust Diseases) Act 1942 Work Health and Safety (Mines and Petroleum Sites) Act 2013 Workplace Injury Management and Worker's Compensation Act 1998 Cases Cited: Ashton v Pratt [2015] NSWCA 12 Cudgegong Soaring Pty Ltd v Harris (1996) 13 NSWCCR 92 Dickinson v The Tropical Fruits Incorporated [2006] NSWWCCPD 331 Guilbert v Glenworth Horse Riding Pty Ltd [2020] NSWWCCPD 10 Harris v Cudgegong Soaring Pty Ltd (1995) 11 NSWCCR 678 Mannah v Trustees of the Roman Catholic Church for the Archdiocese of Sydney (2005) 2 DDCR 337 Riverwood Legion & Community Club Limited v Morse [2007] NSWWCCPD 88 Secretary, Department of Family and Community Services v Bee [2014] NSWWCCPD 66 Sion v The NSW Trustee and Guardian [2013] NSWCA 337 Teen Ranch Pty Ltd v Brown (1995) 11 NSWCCR 197 West v Workers' Compensation (Dust Diseases) Board (1999) 18 NSWCCR 60 Worker's Compensation (Dust Diseases) Board v Veksans (1993) 32 NSWLR 221; 9 NSWCCR 647 Texts Cited: Workers' Compensation Practice in New South Wales (The Law Book Co, 1966) Category: Principal judgment Parties: Appellant Elizabeth Ann Death
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