The Attorney General is considering adopting recommendations
from the NSW Law Reform Commission in relation to dust disease
victim's compensation.
The Law Reform Commission inquired into the legislation
governing the provision of damages including the Compensation to
Relatives Act 1897, Law Reform (Miscellaneous Provisions) Act 1944,
Dust Diseases Tribunal Act 1989 and the Civil Liability Act
2002.
In the report, Compensation to relatives, published in October
2011 the commission recommended the abolition of the Strikwerda
principle which requires victims of dust diseases to have commenced
proceedings in the Dust Diseases Tribunal prior to death, to allow
family members to recover damages for non-economic loss. The
Commission also recommends modification of the existing law in NSW
to allow recovery of damages for non-economic loss in dust diseases
cases which are commenced either before or up to 12 months after a
victim's death.
