Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 51

Proclaimed diseases

    (1)     The Governor in Council, after consultation by the Minister with the Authority, may by proclamation published in the Government Gazette from time to time proclaim diseases in relation to places, processes or occupations for the purpose of this section.

    (2)     Without derogating from section 50, if at the time a claim was made, a proclamation under subsection (1) was in force and—

        (a)     the worker has been employed at any place or in any process or occupation proclaimed under subsection (1); and

        (b)     has contracted a disease specified in relation to that place, process or occupation—

then the disease is deemed to be due to the nature of the employment at such place or in such process or occupation unless the employer or the Authority or a self-insurer, as the case may be, proves to the contrary.

    (3)     A disease contracted by a worker is deemed to be a disease specified in a proclamation under subsection (1) in relation to a place, process or occupation if the Authority, a self-insurer, the Magistrates' Court or the County Court (as the case requires) is satisfied that the disease contracted is substantially the same disease as the disease specified in the proclamation.

    (4)     The Subordinate Legislation Act 1994 does not apply to the first proclamation made and published under this section.

S. 51A inserted by No. 10/2022 s. 57.



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