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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Workers Rehabilitation and Compensation (SAMFS
Firefighters) Amendment Bill 2013
A BILL FOR
An Act to amend the Workers
Rehabilitation and Compensation Act 1986.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Workers
Rehabilitation and Compensation Act 1986
4Amendment of section
31—Evidentiary provision
5Insertion of
Schedule 2A
Schedule 2A—Injuries presumed to arise
from employment as a firefighter
Schedule 1—Review of
amendments
1Review
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Workers Rehabilitation and Compensation
(SAMFS Firefighters) Amendment Act 2013.
This Act will come into operation on 1 July 2013 (and if this Act
is not assented to until after that date, it will be taken to have come into
operation on that date).
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Workers Rehabilitation and Compensation
Act 1986
4—Amendment
of section 31—Evidentiary provision
(1) Section 31(1)—delete
"An injury" and substitute:
Subject to subsections (2) and (2a), an injury
(2) Section 31(2)—delete "However, if" and
substitute:
If
(3) Section 31—after subsection (2) insert:
(a) a worker suffers an injury of a kind referred to in the first column
of Schedule 2A; and
(b) the injury occurred on or after 1 July 2013; and
(c) before the injury occurred, the worker was employed by the South
Australian Metropolitan Fire Service ("SAMFS") as a firefighter for the
qualifying period referred to in the second column of Schedule 2A opposite
the injury; and
(d) during that period, the worker was exposed to the hazards of a fire
scene (including exposure to a hazard of the fire that occurred away from the
scene),
the worker's injury is presumed, in the absence of proof to the contrary,
to have arisen from employment by SAMFS.
(4) Section 31(3)—delete subsection (3) and
substitute:
(3) A regulation made on the recommendation, or with the approval, of the
Corporation or the Advisory Committee may—
(a) extend the operation of subsection (2) to injuries and types of
work prescribed in the regulation;
(b) extend the operation of subsection (2a) to an injury and
corresponding qualifying period prescribed in the regulation.
(5) Section 31—after
subsection (4) insert:
(4a) For the purposes of subsection (2a)—
(a) a worker is taken to have been employed as a firefighter if
fire-fighting duties made up a substantial portion of his or her duties;
and
(b) a worker who was so employed or engaged for 2 or more periods
that add up to or exceed the qualifying period is taken to have been employed or
engaged for the qualifying period; and
(c) the qualifying period may include a period or periods that commenced
or occurred before 1 July 2013.
After Schedule 2 insert:
Schedule 2A—Injuries presumed to arise from
employment as a firefighter
|
Description of injury |
Qualifying period |
|---|---|
|
Primary site brain cancer |
5 years |
|
Primary site bladder cancer |
15 years |
|
Primary site kidney cancer |
15 years |
|
Primary non-Hodgkins lymphoma |
15 years |
|
Primary leukemia |
5 years |
|
Primary site breast cancer |
10 years |
|
Primary site testicular cancer |
10 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 |
Schedule 1—Review
of amendments
(1) The Minister
must, as soon as possible following the fifth anniversary of the commencement of
this clause, appoint an independent person to carry out a review concerning the
operation and impact of the amendments made by this Act.
(2) The person appointed by the Minister under
subclause (1)
must present to the Minister a report on the outcome of the review no later than
4 months following his or her appointment.
(3) The Minister must, within 6 sitting days after receiving the
report, have copies of the report laid before both Houses of
Parliament.
(4) In this clause—
Minister means the Minister to whom the administration of the
Workers
Rehabilitation and Compensation Act 1986 is committed.