Section 140 of the Workers Compensation Act 1987 (NSW) does not apply to dust disease claims (including silicosis), meaning workers whose employers were uninsured cannot claim against the Nominal Insurer under the uninsured liability regime for dust disease injuries.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.