Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 49C

49C .         When firefighting employment taken to contribute to specified disease

        (1)         If a worker to whom this Division applies —

            (a)         as at the date of injury, is or has been in firefighting employment for a period of, or periods in aggregate amounting to, at least the qualifying period for the specified disease; and

            (b)         is taken to have been exposed to the hazards of a fire scene in the course of the firefighting employment; and

            (c)         in the case of a cancer of a kind mentioned in Schedule 4A item 13, satisfies the conditions (if any) prescribed by the regulations for such a cancer,

                the firefighting employment is, for the purposes of this Act, taken to have been a contributing factor and to have contributed to a significant degree to the specified disease, unless the employer proves the contrary.

        (2)         For the purposes of subsection (1), a worker to whom this Division applies is taken to have been exposed to the hazards of a fire scene if the employer is satisfied that the worker has completed a period of hazardous firefighting employment of, or 2 or more periods of hazardous firefighting employment in aggregate amounting to, at least the lesser of —

            (a)         5 years; and

            (b)         the qualifying period.

        [Section 49C inserted: No. 21 of 2013 s. 4; amended: No. 28 of 2016 s. 11.]



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