How does the Tribunal operate ?
The Tribunal operates under the Dust Diseases Tribunal Act 1989. Procedurally, the Tribunal follows the Dust Diseases Tribunal Rules, the Supreme Court Rules 1970, the Dust Diseases Tribunal Regulation 2007 and the Uniform Civil Procedure Rules 2005. Documents filed in the Registry must comply with the Dust Diseases Tribunal Regulation 2007 and the Uniform Civil Procedure Rules. Choose this link to access the Fees and Forms webpage.
The Tribunal has a number of special features
- Claims Resolution Process.
Early exchange of information is required in asbestos diseases claims and negotiation between parties and the use of Contributions Assessors and Mediators to ensure speedy resolution of claims is encouraged.
- Individual case management
Each case is managed by a Judge to speed up its determination. The Tribunal often hears and determines urgent cases within two weeks.
- Special hearing arrangements
When necessary, the Tribunal will take evidence from a plaintiff (the person making the claim) at the plaintiff's home or in the hospital and continue hearing the case, when necessary, into the evening and until the proceedings come to an end.
- Electronic access
Video link facilities are also available so that evidence can be taken from witnesses at remote locations (within Australia and overseas).
- Facilities on site
A sick room is located near the registry for use by plaintiffs and others, and oxygen is available for use by plaintiffs who need it.
|