Dust Diseases Tribunal Act 1989 (NSW)

Dust Diseases Tribunal Act 1989 No 63

An Act to provide for the constitution of a Dust Diseases Tribunal, to define the jurisdiction and functions of the Tribunal, and to provide for related matters.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Dust Diseases Tribunal Act 1989.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— ancillary or related matter, in relation to any proceedings, includes any claim relating to the subject-matter of the proceedings that a defendant in the proceedings has against another person, whether that other person is a party to the proceedings or not. barrister has the same meaning as in the Legal Profession Uniform Law (NSW). District Court means the District Court of New South Wales established by the District Court Act 1973. damages includes further damages awarded under section 11A. decision includes judgment, order and ruling. dust-related condition means— (a) a disease specified in Schedule 1, or (b) any other pathological condition of the lungs, pleura or peritoneum that is attributable to dust. member means a member of the Tribunal. President means the President of the Tribunal. registrar means the registrar of the Tribunal. Rule Committee means the Dust Diseases Tribunal Rule Committee established under section 32A. rules means the rules of the Tribunal and the regulations in force under this Act and the uniform rules in force under the Civil Procedure Act 2005. settlement, when used in relation to a claim, includes compromise or agreement. solicitor has the same meaning as in the Legal Profession Uniform Law (NSW). Tribunal means the Dust Diseases Tribunal of New South Wales established by this Act. (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (3) Notes included in this Act do not form part of this Act.