Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 10

10.(1) If:

   (a)  an employee has suffered, or is suffering, from a disease, or the
        death of an employee results from a disease; and

   (b)  the disease is of a kind specified by the Minister, by written notice,
        as a disease related to employment of a kind specified in the notice;
        and

   (c)  the employee was, at any time before symptoms of the disease first
        became apparent, engaged in employment of that kind in the maritime
        industry; the employment in which the employee was so engaged is
        taken, for the purposes of this Act, to have contributed in a material
        degree to the contraction of the disease, unless the contrary is
        established.

(2) For the purposes of this Act, if an employee contracts a disease, any
employment in the maritime industry in which he or she was engaged at any time
before symptoms of the disease first became apparent is taken, unless the
contrary is established, to have contributed in a material degree to the
contraction of the disease if the incidence of the disease among people who
have engaged in such employment is significantly greater than it is among
people who have engaged in other employment.

(3) For the purposes of this Act, if an employee suffers an aggravation of a
disease, any employment in the maritime industry in which he or she was
engaged at any time before symptoms of the aggravation first became apparent
is taken, unless the contrary is established, to have contributed in a
material degree to the aggravation if the incidence of the aggravation of the
disease among people suffering from it who have engaged in such employment is
significantly greater than it is among people suffering from the disease who
have engaged in other employment.

(4) If:

   (a)  an employee suffers an injury (other than one resulting in a hearing
        impairment); and

   (b)  the injury is a disease or an aggravation of a disease; the employee
        is taken, for the purposes of this Act, to have suffered the injury on
        the day when:

   (c)  the employee first sought medical treatment for the disease or
        aggravation; or

   (d)  the disease or aggravation resulted in the death of the employee or
        first resulted in his or her impairment or incapacity for work;
        whichever happens first.

(5) For the purposes of this Act, the death of an employee is taken to have
resulted from a disease, or an aggravation of a disease, if, apart from that
disease or aggravation, as the case may be, the death of the employee would
have happened at a significantly later time.

(6) For the purposes of this Act, an incapacity for work, or an impairment, of
an employee is taken to have resulted from a disease, or an aggravation of a
disease, if, apart from that disease or aggravation, as the case may be:

   (a)  the incapacity or impairment would not have occurred; or

   (b)  the incapacity would have started, or the impairment would have
        happened, at a significantly later time; or

   (c)  the extent of the incapacity or impairment would have been
        significantly less.

(7) For the purposes of this Act, a disease suffered by an employee, or an
aggravation of such a disease, is not taken to be an injury to the employee if
the employee has at any time, for purposes connected with his or her
employment or proposed employment in the maritime industry, made a wilful and
false representation that he or she did not suffer, or had not previously
suffered, from that disease.