South Australia
Dust Diseases Act 2005
An Act to provide more expeditious remedies for those suffering from disabilities resulting from exposure to dust; and for other purposes.
Contents
1Short title
3Interpretation
4Object of this Act
4AJurisdiction of SAET
5Expeditious hearing and determination of dust disease actions
7Costs
8Evidentiary presumptions and special rules of evidence and procedure
9Damages
10Procedure where several defendants or insurers involved
11Dust disease action may be brought directly against insurer in certain cases
11ARight of appeal from SAET
12Regulations
Schedule 1—Transitional provision
Part 4—Transitional provision
4Transitional provision
Legislative history
The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the Dust Diseases Act 2005.
3—Interpretation
In this Act, unless the contrary intention appears—
defendant includes a third-party against whom contribution is sought;
dust disease means one or more of the following:
(a)asbestosis;
(b)asbestos induced carcinoma;
(c)asbestos related pleural disease;
(d)mesothelioma;
(e)any other disease or pathological condition resulting from exposure to asbestos dust;
dust disease action means a civil action in which the plaintiff—
(a)claims damages for or in relation to a dust disease or the death of a person as a result of a dust disease; and
(b)asserts that the dust disease was wholly or partly attributable to a breach of duty owed to the person who suffered the disease by another person;
injured person means a person who is suffering from, or who has suffered from, a dust disease;
SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014.
4—Object of this Act
The object of this Act is to ensure that residents of this State who claim rights of action for, or in relation to, dust diseases have access to procedures that are expeditious and unencumbered by unnecessary formalities of an evidentiary or procedural kind.
4A—Jurisdiction of SAET
(1)SAET has jurisdiction to hear and determine proceedings in relation to dust disease actions.
(2)The jurisdiction under subsection (1) is assigned to the South Australian Employment Court.
(3)Proceedings for any tortfeasor liable in respect of damages for or in relation to a dust disease or the death of a person as a result of a dust disease to recover contribution from any other tortfeasor liable in respect of that damage may be brought before SAET and dealt with by the South Australian Employment Court.
(4)If a cause of action giving rise to proceedings brought under subsection (1) or (3) also gives rise to a claim in respect of some other matter, the claim may be included in those proceedings even though it does not relate to a dust disease.
(5)Any matter that is ancillary or related to a matter that is the subject of proceedings brought under a preceding subsection may also be included in those proceedings.
5—Expeditious hearing and determination of dust disease actions
The District Court or SAET (as the case may be) will give the necessary directions to ensure that dust disease actions have priority over less urgent cases and…