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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Fair Work Legislation Amendment
(First Responders) Bill 2023
No. , 2023
(Senators Lambie and David Pocock)
A Bill for an Act to amend the law relating to work
health and safety, and workers' compensation and
rehabilitation, and for related purposes
No. , 2023
Fair Work Legislation Amendment (First Responders) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendment of the Safety, Rehabilitation and
Compensation Act 1988
3
Safety, Rehabilitation and Compensation Act 1988
3
No. , 2023
Fair Work Legislation Amendment (First Responders) Bill 2023
1
A Bill for an Act to amend the law relating to work
1
health and safety, and workers' compensation and
2
rehabilitation, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Fair Work Legislation Amendment (First
6
Responders) Act 2023
.
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2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Fair Work Legislation Amendment (First Responders) Bill 2023
No. , 2023
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendment of the Safety, Rehabilitation and Compensation Act 1988
Schedule 1
No. , 2023
Fair Work Legislation Amendment (First Responders) Bill 2023
3
Schedule 1--Amendment of the Safety,
1
Rehabilitation and Compensation Act
2
1988
3
4
Safety, Rehabilitation and Compensation Act 1988
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1 Before subsection 7(8)
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Insert:
7
Diseases suffered by firefighters
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2 At the end of section 7
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Add:
10
Post-traumatic stress disorder suffered by first responders
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(11) If:
12
(a) an employee has suffered, or is suffering, from
13
post-traumatic stress disorder in accordance with a legislative
14
instrument determined under subsection (12); and
15
(b) at any time before symptoms of post-traumatic stress disorder
16
became apparent, the employee was employed as a first
17
responder in accordance with subsection (13);
18
the employee's employment as a first responder is, for the purposes
19
of this Act, taken to have contributed, to a significant degree, to the
20
contraction of the post-traumatic stress disorder, unless the
21
contrary is established.
22
(12) For the purposes of paragraph (11)(a), the Minister may, by
23
legislative instrument, determine the circumstances in which an
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employee is taken to have suffered, or be suffering, from
25
post-traumatic stress disorder.
26
(13) For the purposes of paragraph (11)(b), an employee was employed
27
as a first responder at a time if, at that time, the employee:
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(a) was the Commissioner of the Australian Federal Police, a
29
Deputy Commissioner of the Australian Federal Police or an
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Schedule 1
Amendment of the Safety, Rehabilitation and Compensation Act 1988
4
Fair Work Legislation Amendment (First Responders) Bill 2023
No. , 2023
AFP employee (all within the meaning of the
Australian
1
Federal Police Act 1979
); or
2
(b) was employed as a firefighter; or
3
(c) was employed as an ambulance officer (including as a
4
paramedic); or
5
(d) was employed as an emergency services communications
6
operator; or
7
(e) was a member of an emergency service (within the meaning
8
of the
Emergencies Act 2004
(ACT)).
9
(14) Subsection (11) does not limit, and is not limited by,
10
subsections (1) and (2).
11
3 Application of amendments
12
The amendments made by this Schedule apply in relation to an injury,
13
being a disease or an aggravation of a disease, that is sustained by an
14
employee after the commencement of this Schedule.
15