South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) Subject to this
section, an injury is not compensable unless it is established on the balance
of probabilities that it arises from employment.
(2) If a worker
suffers an injury of a kind referred to in the first column of Schedule 2
and has been employed in work of a type referred to in the second column of
Schedule 2
opposite the injury, the worker's injury is presumed, in the absence of proof
to the contrary, to have arisen from that employment.
(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.
(a) a
worker suffers an injury of a kind referred to in the first column of Schedule 2A
; and
(b) the
worker was
a member of the South Australian Country Fire Service ("SACFS") presumptively
employed by the Crown as a firefighter—
(i)
on or after 1 July 2013; and
(ii)
before the injury occurred; and
(iii)
for the qualifying period referred to in the second
column of Schedule 2A
opposite the injury; and
(c) the
injury occurred—
(i)
on or after 1 July 2013; and
(ii)
in the case of a worker who is no longer a member of
SACFS presumptively employed by the Crown as a firefighter—no more than
10 years after the cessation of that presumptive employment; and
(d)
during the qualifying period referred to in paragraph (b)(iii)
, 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 his or her presumptive employment by the Crown.
(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 subsections (2a)
and (2b)
to an injury and corresponding qualifying period prescribed in the regulation.
(4) Where a worker
retires or is retired from employment on account of age or ill-health and the
worker makes a claim for noise induced hearing loss after the expiration of
two years from the date of the retirement, subsection (2)
does not apply in relation to that claim.
(4a) For the purposes
of subsections (2a)
and (2b)
—
(a) a
worker is taken to have been employed as a firefighter if firefighting 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.
(5) Where—
(a) a
worker's injury consists of the aggravation, acceleration, exacerbation,
deterioration or recurrence of a pre-existing coronary heart disease; and
(b) the
injury arises in the course of employment,
it will be presumed, in the absence of proof to the contrary, that the
employment contributed to the injury.