New South Wales Consolidated Acts

DUST DISEASES TRIBUNAL ACT 1989 - SECT 11A

11A Award of provisional damages

(1) This section applies to proceedings of the kind referred to in section 11 (1) that are brought after the commencement of this section and in which there is proved or admitted to be a chance that at some definite or indefinite time in the future the person who is suffering from the dust-related condition in respect of which the proceedings are brought ( "the injured person") will, as a result or partly as a result of the breach of duty giving rise to the cause of action, develop another dust-related condition.

(2) The Tribunal may, in accordance with the rules:

(a) award damages assessed on the assumption that the injured person will not develop another dust-related condition, and

(b) award further damages at a future date if the injured person does develop another dust-related condition.