Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Post-traumatic stress disorder
Safety, Rehabilitation and Compensation Act 1988
1 Before subsection 7(8)
Insert:
Diseases suffered by firefighters
2 At the end of section 7
Add:
Post-traumatic stress disorder suffered by certain employees
(11) If:
(a) an employee has been diagnosed by a legally qualified medical practitioner or psychologist as suffering, or having suffered, from post-traumatic stress disorder in accordance with the diagnostic criteria in:
(i) the Diagnostic and Statistical Manual of Mental Disorders , fifth edition text revision (DSM-5-TR), published by the American Psychiatric Association in 2022; or
(ii) if a later edition of the Diagnostic and Statistical Manual of Mental Disorders is specified by the Minister by legislative instrument--that later edition of the Manual; and
(b) at any time before symptoms of post-traumatic stress disorder became apparent, the employee:
(i) was employed as a first responder in accordance with subsection (13); or
(ii) was a member of a class of employees declared by the Minister, by legislative instrument made under subsection (13A), to be a class to which this subparagraph applies;
the employee's employment as a first responder or as a member of the class of employees declared under subsection (13A) is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the post-traumatic stress disorder, unless the contrary is established.
(13) For the purposes of subparagraph (11)(b)(i), an employee was employed as a first responder at a time if, at that time, the employee:
(a) was the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979 ); or
(b) was employed as a firefighter; or
(c) was employed as an ambulance officer (including as a paramedic); or
(d) was employed as an emergency services communications operator; or
(e) was a member of an emergency service (within the meaning of the Emergencies Act 2004 (ACT)); or
(f) was the Australian Border Force Commissioner; or
(g) was an APS employee in the Australian Border Force.
(13A) If the Minister is satisfied that the incidence of post-traumatic stress disorder among a class of employees is significantly greater than the incidence of post-traumatic stress disorder among the general public, the Minister may, by legislative instrument, declare that class of employees to be a class of employees to which subparagraph (11)(b)(ii) applies.
(14) Subsection (11) does not limit, and is not limited by, subsections (1) and (2).
The amendments made by this Part apply in relation to an injury, being a disease or an aggravation of a disease, that is sustained by an employee after the commencement of this Part.
Part 2 -- Rehabilitation assessments and examinations
Safety, Rehabilitation and Compensation Act 1988
4 Subsection 4(1)
Insert:
"approved Rehabilitation Assessments and Examinations Guide " means:
(a) the document prepared by Comcare in accordance with section 57A, titled "Guide for Arranging Rehabilitation Assessments and Requiring Examinations", that has been approved by the Minister and is for the time being in force; or
(b) if an instrument varying that document has been approved by the Minister--that document as so varied.
5 After subsection 36(3)
Insert:
(3A) In deciding whether to arrange for an assessment under subsection (1) or to require an examination under subsection (3), the rehabilitation authority must comply with the approved Rehabilitation Assessments and Examinations Guide.
Note: The Guide is prepared by Comcare under section 57A.
6 After subsection 57(1)
Insert:
(1A) In deciding whether to require an examination under subsection (1), the relevant authority must comply with the approved Rehabilitation Assessments and Examinations Guide.
Note: The Guide is prepared by Comcare under section 57A.
7 Subsection 57(6)
Repeal the subsection.
8 After section 57
Insert:
57A Guide for Arranging Rehabilitation Assessments and Requiring Examinations
(1) Comcare must, in consultation with the Commission, prepare a written document to be called the "Guide for Arranging Rehabilitation Assessments and Requiring Examinations" (the Guide ).
(2) The object of the Guide is to support ethical, transparent and accountable decision-making in relation to arranging a rehabilitation assessment of an employee under subsection 36(1), or requiring an employee to undergo an examination under subsection 36(3) or 57(1), including appropriate consideration of the employee's personal circumstances.
(3) The Guide must:
(a) provide that, for the purposes of a rehabilitation assessment or examination of an employee:
(i) information in relation to the employee should be sought from the employee's treating practitioner; and
(ii) the employee's treating practitioner and the information (if any) provided by the treating practitioner should be relied on as much as possible before a referral is made to an independent medical practitioner, or other qualified person, in relation to the employee; and
(b) specify the circumstances in which it is appropriate to require an employee to undergo a rehabilitation assessment or examination; and
(c) specify limitations on the frequency and number of rehabilitation assessments or examinations that an employee may be required to undergo; and
(d) specify the qualifications of the person or, if required under section 36, the panel of persons who may conduct a rehabilitation assessment or an examination of an employee; and
(e) require the rehabilitation authority or the relevant authority (as the case requires) to seek, and take into account, the views of an employee, who is required to undergo a rehabilitation assessment or examination, about the selection of the person or, if required under section 36, the panel of persons who are to conduct the rehabilitation assessment or examination; and
(f) require that an employee who is required to undergo a rehabilitation assessment or examination be given a notice of the employee's rights relating to the rehabilitation assessment or examination.
Note 1: For the purposes of paragraph (a), an employee's treating medical practitioner may be nominated to conduct a rehabilitation assessment or examination of the employee.
Note 2: For the purposes of paragraphs (d) and (e), if a relevant authority requires an employee to undergo an examination under subsection 57(1), the examination must be conducted by one legally qualified medical practitioner nominated by the relevant authority.
(4) The Guide may provide for any other relevant matter.
(5) Comcare may, in consultation with the Commission, prepare a written document varying or revoking the approved Guide.
(6) A Guide prepared under subsection (1), and a document prepared under subsection (5), must be approved by the Minister.
(7) A Guide prepared under subsection (1) is a legislative instrument made by the Minister on the day on which the Guide is approved by the Minister.
(8) A document prepared under subsection (5) is a legislative instrument made by the Minister on the day on which the document is approved by the Minister.
9 Subsection 60(1) (definition of determination )
Omit "37 or 39", substitute "37, 39 or 57".
10 Application of amendments
The amendments made by this Part apply in relation to:
(a) a rehabilitation assessment of an employee that is arranged under subsection 36(1) of the Safety, Rehabilitation and Compensation Act 1988 , if the assessment is conducted after the commencement of this Part (regardless of when the employee sustained the relevant injury, or when the assessment was arranged); and
(b) an examination that an employee is required to undergo under subsection 36(3) or 57(1) of the Safety, Rehabilitation and Compensation Act 1988 , if the examination is conducted after the commencement of this Part (regardless of when the employee sustained the relevant injury, or when the requirement to undergo the examination was made).