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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Workers Compensation Legislation
Amendment (Firefighters) Bill 2018
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Workers Compensation Act 1987 No 70 3
Schedule 2 Amendment of Workers Compensation (Bush Fire, Emergency and
Rescue Services) Act 1987 No 83 7
Schedule 3 Amendment of Workers Compensation Regulation 2016 8
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2018
New South Wales
Workers Compensation Legislation
Amendment (Firefighters) Bill 2018
Act No , 2018
An Act to amend workers compensation legislation to establish presumptive rights to
compensation for firefighters in respect of certain cancers.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Workers Compensation Legislation Amendment (Firefighters) Bill 2018 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Workers Compensation Legislation Amendment (Firefighters)
Act 2018.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, except as
provided by subsection (2).
(2) Schedule 1 [3]-[6] commence on the date of assent to this Act.
Page 2
Workers Compensation Legislation Amendment (Firefighters) Bill 2018 [NSW]
Schedule 1 Amendment of Workers Compensation Act 1987 No 70
Schedule 1 Amendment of Workers Compensation Act 1987
No 70
[1] Section 19A
Insert after section 19:
19A Presumptions relating to certain cancers--firefighters
(1) In the application of this Act to a worker who is an eligible firefighter, it is
presumed (unless the contrary is established) that the disease contracted by the
worker was contracted in the course of the worker's firefighting employment
and that employment was:
(a) for the purposes of the definition of disease injury in section 4, a
contributing factor to contracting the disease, and
(b) for the purposes of section 9A, a substantial contributing factor to
contracting the disease.
Note. Amendments made to section 9A and the definition of disease injury in
section 4 by Schedule 7 to the Workers Compensation Legislation Amendment Act
2012 do not apply to police officers, paramedics or firefighters. See clause 25 of
Part 19H of Schedule 6 to this Act.
(2) A worker is an eligible firefighter if the worker:
(a) has, at any time, been engaged in firefighting employment, and
(b) has contracted a disease that is a cancer of a kind specified in
Schedule 4.
(3) A worker has been engaged in firefighting employment if:
(a) the worker has, at any time, been employed by any person, body or
agency (or former body or agency) prescribed for the purposes of this
section by the regulations, and
(b) in the course of that employment, the worker has performed firefighting
activities.
(4) This section does not apply to a disease contracted by an eligible firefighter if
the total aggregate period during which the worker has been engaged in
firefighting employment as at the date of injury (the service period) is less than
the qualifying service period specified for the disease in Schedule 4.
(5) Any period during which an eligible firefighter has served in the capacity of
an eligible volunteer firefighter is to be counted towards the service period.
(6) However, any period during which the eligible firefighter concurrently serves
as an eligible volunteer firefighter and engages in firefighting employment is
to be counted once only.
(7) For the purposes of the application of section 261 of the 1998 Act to a disease
to which a presumption under this section applies, the period required by that
section for the making of a claim for compensation in respect of the disease is
taken to commence on the date of injury in relation to the disease (regardless
of when the eligible firefighter or any other person first became aware of the
disease).
(8) Any compensation payable on the basis of a presumption under this section to
an eligible firefighter who, on the last day of the service period, concurrently
served as an eligible volunteer firefighter and engaged in firefighting
employment with an employer is payable under this Act by that employer.
Page 3
Workers Compensation Legislation Amendment (Firefighters) Bill 2018 [NSW]
Schedule 1 Amendment of Workers Compensation Act 1987 No 70
(9) In this section:
date of injury, in relation to a disease, means the date of whichever of the
following occurs first:
(a) the disease is first diagnosed by a medical practitioner,
(b) the firefighter dies as a result of the disease.
eligible volunteer firefighter means an official fire fighter within the meaning
of Part 2 of the Workers Compensation (Bush Fire, Emergency and Rescue
Services) Act 1987.
firefighting activities means any of the following activities performed by a
worker:
(a) extinguishing, controlling or preventing the spread of fire,
(b) bush fire hazard reduction work within the meaning of the Rural Fires
Act 1997,
(c) the provision of training or instruction in the performance of an activity
referred to in paragraph (a) or (b) resulting in exposure of the worker to
smoke or other hazards of fire.
[2] Schedule 4
Insert after Schedule 3:
Schedule 4 Firefighters' diseases
Column 1 Column 2
Disease Qualifying service period
Primary site brain cancer 5 years
Primary leukaemia 5 years
Primary site breast cancer 10 years
Primary site testicular cancer 10 years
Primary site bladder cancer 15 years
Primary site kidney cancer 15 years
Primary non-Hodgkin lymphoma 15 years
Multiple myeloma 15 years
Primary site prostate cancer 15 years
Primary site ureter cancer 15 years
Primary site colorectal cancer 15 years
Primary site oesophageal cancer 25 years
Page 4
Workers Compensation Legislation Amendment (Firefighters) Bill 2018 [NSW]
Schedule 1 Amendment of Workers Compensation Act 1987 No 70
[3] Schedule 6 Savings, transitional and other provisions
Insert after Part 19J:
Part 19K Provisions consequent on enactment of Workers
Compensation Legislation Amendment
(Firefighters) Act 2018
1 Existing diseases
(1) An eligibility provision extends to a disease contracted by a firefighter in
relation to which either of the following occurred before the commencement
of the eligibility provision (an existing disease):
(a) the disease was first diagnosed by a medical practitioner,
(b) the firefighter died as a result of the disease.
(2) However, an eligibility provision does not extend to a disease contracted
before 27 September 2018 unless:
(a) a claim for compensation is made under the relevant compensation Act
in respect of the disease before the commencement of the eligibility
provision, and
(b) liability for the claim has been denied, and the grounds on which
liability has been denied include that the disease was not contracted in
the course of the worker's employment or that the employment was not
a contributing factor, or a substantial contributing factor, to contracting
the disease.
(3) For the purposes of the application of an eligibility provision to an existing
disease, the date of injury in relation to the disease is taken to be the date on
which the provision commences.
(4) A further claim for compensation may be made under the relevant
compensation Act in respect of an existing disease to which an eligibility
provision applies if, before the commencement of the eligibility provision:
(a) a claim for compensation was made under that Act (whether or not the
claim has also been the subject of proceedings in the Commission or a
court), and
(b) liability for the claim is denied on the ground that the disease was not
contracted in the course of the worker's employment or that the
employment was not a contributing factor, or a substantial contributing
factor, to contracting the disease.
(5) However, a further claim for compensation may not be made as provided by
subclause (4) if liability for the claim is denied on any ground other than a
ground referred to in that subclause.
(6) In this clause:
eligibility provision means section 19A of, and Schedule 4 to, the 1987 Act, or
section 10A of the Workers Compensation (Bush Fire, Emergency and Rescue
Services) Act 1987, as inserted by the firefighters' diseases amending Act.
firefighters' diseases amending Act means the Workers Compensation
Legislation Amendment (Firefighters) Act 2018.
relevant compensation Act, in relation to a claim for compensation, means the
1987 Act or the Workers Compensation (Bush Fire, Emergency and Rescue
Services) Act 1987 under which the claim is made.
Page 5
Workers Compensation Legislation Amendment (Firefighters) Bill 2018 [NSW]
Schedule 1 Amendment of Workers Compensation Act 1987 No 70
2 Review of amendments relating to firefighters
(1) The Minister is to review the amendments made to the workers compensation
legislation by the Workers Compensation Legislation Amendment
(Firefighters) Act 2018 to determine whether the policy objectives of those
amendments remain valid and whether the terms of the amendments remain
appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after 1 January 2020.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament before 1 January 2021.
[4] Schedule 6, Part 20
Insert after clause 1 (3):
(3A) A provision referred to in subclause (1) that is consequent on the enactment of
an Act that is assented to after 27 September 2018 may, if the regulations so
provide, take effect from a date that is earlier than the date of assent to that Act.
(3B) Subclauses (3) and (6) do not limit the operation of this clause in its application
to regulations containing provisions of a saving or transitional nature
consequent on the enactment of an Act that is assented to after 27 September
2018.
[5] Schedule 6, Part 20
Omit "subclause (1)" from clause 1 (4). Insert instead "subclause (1) or (3A)".
[6] Schedule 6, Part 20
Omit "Subject to subclause (6), the" from clause 1 (5). Insert instead "The".
Page 6
Workers Compensation Legislation Amendment (Firefighters) Bill 2018 [NSW]
Schedule 2 Amendment of Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987
No 83
Schedule 2 Amendment of Workers Compensation (Bush
Fire, Emergency and Rescue Services) Act 1987
No 83
Section 10A
Insert after section 10:
10A Presumptions relating to certain cancers--firefighters
(1) In the application of this Act to an eligible volunteer firefighter, it is presumed
(unless the contrary is established) that:
(a) the disease contracted by the worker was contracted in the course of
fighting a bush fire, and
(b) the fighting of the bush fire was a contributing factor to the disease.
(2) This section applies to an official fire fighter (an eligible volunteer firefighter)
who:
(a) in the capacity of an official fire fighter, has at any time performed
firefighting activities, and
(b) has contracted a disease that is a cancer of a kind specified in Schedule 4
to the Principal Act.
(3) This section does not apply to a disease contracted by an eligible volunteer
firefighter if the total aggregate period during which the eligible volunteer
firefighter has served as an official fire fighter as at the date of injury (the
service period) is less than the qualifying service period specified for the
disease in Schedule 4 to the Principal Act.
(4) Any period during which an eligible volunteer firefighter has been engaged in
firefighting employment is to be counted towards the service period.
(5) However, any period during which the eligible volunteer firefighter
concurrently performs service as an official fire fighter and engages in
firefighting employment is to be counted once only.
(6) For the purposes of the application of section 261 of the 1998 Act to a disease
to which a presumption under this section applies, the period required by that
section for the making of a claim for compensation in respect of the disease is
taken to commence on the date of injury in relation to the disease (regardless
of when the eligible volunteer firefighter or any other person first became
aware of the disease).
(7) In this section:
date of injury, in relation to a disease, means the date of whichever of the
following occurs first:
(a) the disease is first diagnosed by a medical practitioner,
(b) the official fire fighter dies as a result of the disease.
firefighting activities and firefighting employment have the same meanings
as in section 19A of the Principal Act.
Page 7
Workers Compensation Legislation Amendment (Firefighters) Bill 2018 [NSW]
Schedule 3 Amendment of Workers Compensation Regulation 2016
Schedule 3 Amendment of Workers Compensation
Regulation 2016
Clause 5A
Insert after clause 5:
5A Firefighting bodies and agencies
The following bodies and agencies are prescribed for the purposes of
section 19A of the 1987 Act:
(a) the NSW Rural Fire Service,
(b) Fire and Rescue NSW,
(c) the Office of Environment and Heritage,
(d) the Forestry Corporation,
(e) Sydney Trains.
Page 8
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