Dust Diseases Tribunal Act 1989 Rule amending Dust Diseases Tribunal Rules (1996-499) [GG No 113 of 4.10.1996] (NSW)

1996—No. 499

DUST DISEASES TRIBUNAL ACT 1989—RULE

NEW SOUTH WALES

[Published in Gazette No. 113 of 4 October 1996]

1. This Rule is made by the Rule Committee on 30 September 1996,

and has effect on and from 4 October 1996.

2. The Dust Diseases Tribunal Rules are amended by inserting the

following rule after rule 5:

Discovery and inspection of documents

6. ( l ) Part 23 of the Supreme Court Rules 1970, as substituted by Amendment No 303 published in the Government Gazette of 19 Ju ly 1996 at page 4336, does not apply to proceedings before the Tribunal or to matters in respect of which the Tribunal has jurisdiction.

(2) Part 23 of the Supreme Court Rules 1970, as it was immediately before the amendment referred to in subrule ( l ) , applies to proceedings before the Tribunal and to matters in respect of which the Tribunal has jurisdiction.

EXPLANATORY NOTE

The purpose of the amendment is, as an interim measure only, to exclude from application to proceedings in the Tribunal a new system of discovery and inspection applied to proceedings in the Supreme Court by a recent amendment to the Supreme Court Rules. By operation of rule 2 of the Dust Diseases Tribunal Rules the system would otherwise apply in the Tribunal. The Rule Committee wishes to study the system further before determining the extent to which the Tribunal should adopt it. and in the meantime to preserve the application of the previous system.

E. J . O’Grady

Secretary to the Rule Committee