New South Wales Consolidated Acts

DUST DISEASES TRIBUNAL ACT 1989 - SECT 33

33 Rules

(3) The Rule Committee may make rules, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed for the purposes of, or in connection with, the exercise by the Tribunal of its jurisdiction or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(4) Without limiting subsection (3), rules may be made under that subsection for or with respect to:

(a) the procedure and practice to be followed in proceedings before the Tribunal (including the procedure and practice to be followed in the office of the registrar) and any matters incidental or relating to any such procedure or practice, and

(a1) regulating and prescribing the practice and procedure to be followed in the mediation or neutral evaluation of any matter under Part 3B, and

(b) the continuance of proceedings on the death or bankruptcy of a party or, in the case of a party that is a corporation, the continuance of proceedings on the winding up or dissolution of the corporation, and

(b1) the manner in which, time at which and persons by whom further damages to be awarded under section 11A (and any interest on those damages awarded under section 15) may be claimed, and

(c) the listing of matters for hearing by the Tribunal and the removal of matters from lists, and

(d) the commencement of proceedings before the Tribunal, and

(e) pre-hearing conferences and arbitration, and

(f) the charging of fees for interpreting services, and

(g) authorising the registrar or an agent of the Tribunal to:

(i) exercise any function of the Tribunal, or

(ii) exercise any function that, under the rules, is required to be exercised, and

(h) regulating the payment or transfer of money into or out of the Tribunal, and

(i) the duties of, and the records to be kept by, the registrar in relation to, or for the purposes of, any proceedings before the Tribunal, and

(j) any matters relating to costs of proceedings before the Tribunal, including taxation of costs, and

(k) regulating the mode in which evidence may be given, including the taking of evidence by video link or any other form of telecommunication from persons not present before the Tribunal, and

(l) requiring a plaintiff to file and serve on other parties a notice of particulars or further particulars of a specified class or description (verified as prescribed by the rules):

(i) at the time the plaintiff applies for an expedited hearing or within a specified period before or after making such an application, and

(ii) at any other specified stage of the proceedings, and

(m) where there is more than one alleged tortfeasor:

(i) requiring a plaintiff who settles a claim with one or more but not all the alleged tortfeasors (before or after the proceedings were commenced) to file the terms of settlement and particulars of amounts paid under the settlement, and

(ii) authorising the disclosure, by the Tribunal or by a member, registrar or officer of the Tribunal, of any terms and particulars filed by a plaintiff to another party to the proceedings, whether or not the terms contain non-disclosure requirements, and

(iii) specifying the circumstances in which, and the matters that are to be taken into consideration before which, any such disclosure may be made, and

(n) empowering the Tribunal to order that all or any of the provisions of section 151AC of the Workers Compensation Act 1987 do not apply in or in relation to a particular case:

(i) on its own motion, or

(ii) on application by a party or by an insurer who is not a party and on its being satisfied as to specified matters.

(5) The rules may, with any adaptations specified in the rules, adopt by reference any rules made under the Supreme Court Act 1970 .

(6) This section does not give power to make rules with respect to any matter relating to costs that is regulated by Division 11 of Part 3.2 of the Legal Profession Act 2004 .

(7) This section does not give power to make rules in terms inconsistent with those of the uniform rules under the Civil Procedure Act 2005 unless the uniform rules expressly permit rules under this section to be made in those terms.

(8) The rules made under this section may authorise or require the use of an electronic case management system established under section 14B of the Electronic Transactions Act 2000 in relation to any proceedings in a court in respect of which the use of such a system is authorised by an order in force under section 14C of that Act.

(9) The rules made under this section may provide for the exercise by a registrar or other officer of the Tribunal of any of the Tribunal’s administrative or judicial functions under this or any other Act and for the review by the Tribunal of the exercise by a registrar or other such officer of any such function.

(10) The adoption by the rules by reference of any rules made under the Supreme Court Act 1970 operates in the case of any such rules that are subsequently repealed (subject to any express provision to the contrary) as an adoption of those rules as in force immediately before their repeal, and continues to operate despite their repeal.

(11) The provisions of this Act prevail to the extent of any inconsistency between those provisions and a provision of the Civil Procedure Act 2005 or the Uniform Civil Procedure Rules 2005 .