Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 36ED

36ED Presumption of injury

(1) This section applies in relation to a person who—

(a) is diagnosed by a psychiatrist, in the way prescribed by regulation, as having post-traumatic stress disorder; and

(b) at any time before the diagnosis, was employed as a first responder or an eligible employee.

(2) For the purposes of an entitlement to compensation, the post-traumatic stress disorder is taken to be an injury.

(3) Subsection (2) applies despite any evidence that the post-traumatic stress disorder arose out of, or in the course of, a circumstance mentioned in section 32 (5) (a) , (b) or (c) .

(4) However, subsection (2) does not apply if it is proved that—

(a) the post-traumatic stress disorder did not arise out of, or in the course of, the person’s employment as a first responder or an eligible employee; or

(b) the person’s employment as a first responder or an eligible employee was not a significant contributing factor to the disorder.