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WORKERS REHABILITATION AND
COMPENSATION AMENDMENT
(FIRE-FIGHTERS) BILL 2013
CLAUSE NOTES
PRELIMINARY
Clause 1 Short Title
Cites the Act as the Workers Rehabilitation and
Compensation Amendment (Fire-fighters) Act 2013.
Clause 2 Commencement
The Act is to commence on the day the Act receives
Royal Assent.
Clause 3 Principal Act
The Workers Rehabilitation and Compensation Act 1988 is
referred to as the Principal Act.
Clause 4 Sections 27 and 28 inserted
Inserts sections 27 and 28 after section 26 in the Principal
Act.
27. Presumption as to cause of certain diseases in
Section 27 relation to fire-fighters
Subsection (1) This subsection deems that, in the absence of evidence to
the contrary, a worker's employment as a fire-fighter is
taken to have contributed to a substantial degree to an
injury that is a disease, where the worker is:
suffering a disease referred to in Schedule 5; and
the disease occurs on or after the date the
legislation commences; and
the disease either occurs during employment as a
fire-fighter, or within 10 years after the worker is
no longer employed as a fire fighter; and
before the disease occurred, the worker has been
employed as a fire-fighter for the qualifying period
specified for that disease in Schedule 5; and
the worker has had the relevant number of
exposure events.
The relevant number of exposure events is 520 in any 10
year period of employment, or 260 in any 5 year period
of employment in the case of primary site brain cancer or
leukemia. This will prevent the presumption applying to a
person who has long service but little exposure to the
hazards of fire.
It is intended that the presumption is limited to a period
of 10 years post retirement or resignation as a fire
fighter. This limit applies to both career and volunteer
fire-fighters. A fire-fighter may claim after that time but
would not be able to rely on the legal presumption.
The presumption will not have retrospective application.
The presumption will not apply if under section 25(2) of
the Principal Act, compensation is not payable as a result
of the worker willfully and falsely representing himself in
writing as not having previously suffered from the disease
at the time of entering his employment.
Subsection (2) clarifies that any references to being
`employed as a fire-fighter', are intended to cover persons
employed as career fire-fighters as well as those engaged
as volunteer fire-fighters under the Fire Service Act.
Any references to `employment as a fire-fighter' include
Subsection (2) those persons engaged as volunteer fire-fighters.
Paragraph (c) clarifies when a period of employment for
a volunteer begins and ends, that is, it begins on the first
day on which the person is a volunteer and ends on the
day on which the person ceases to be volunteer fire-
fighter.
The subsection provides that cumulative periods of
employment as a fire-fighter can be considered for the
purpose of calculating the qualifying period specified in
Schedule 5.
This subsection clarifies when a fire-fighter has an
exposure event. A worker has an exposure event if the
worker attends at an incident as a fire-fighter which is
Subsection (3) recorded in accordance with the incident reporting
system approved by the Chief Officer under the Fire
Service Act 1979. Multiple attendances at any one incident
are taken to be a single exposure event. An incident
which is defined as an avoidable call-out will not be
Subsection (4) counted as an exposure event. These are incidents
where it is unlikely that there will be any exposure to the
hazards of fire-fighting operations.
For the purpose of this section only, the Bill clarifies that
a worker is taken to suffer the disease, on the day the
worker is first diagnosed as suffering from the disease, or
the day they become totally or partially incapacitated or
die because of the disease, whichever occurs first.
The subsection clarifies that the requirement that
workers must meet the relevant number of exposure
events for the presumption to apply, does not apply to
Subsection (5) career fire-fighters who commenced employment before
1 July 1998. This is because incident exposure data was
not collected before that date.
This subsection provides a mechanism for the Minister to
amend the list of diseases included in Schedule 5. The
Subsection (6) Minister may, by order, amend Schedule 5 by varying or
rescinding any matter, or by adding a disease and a
qualifying period to the Schedule.
A number of definitions are included.
An avoidable call-out is defined to identify incidents that
will not count as exposure events for the purposes of the
section. Generally these are incidents of a type where a
Subsection (7) fire-fighter would not normally be exposed to hazardous
materials.
A career fire-fighter is defined as a worker who is
appointed or employed under section 24 of the Fire
Service Act 1979, and who occupies or has occupied
during that employment or appointment, a position
Subsection (8) classified as a "fire-fighter", "station officer" or "district
officer" under the industrial award which applies to
persons who carry out fire-fighting operations.
Chief Officer which has the same meaning that it has
under the Fire Service Act 1979.
A fire-fighter is defined as a career fire-fighter and a
volunteer fire-fighter.
The term fire-fighting operations in relation to volunteer
fire-fighters, has the same meaning as it has under section
5(3) of the Principal Act. It includes attending any
meeting, competition, or demonstration related to the
prevention, control or extinguishment of fires, which is
taken to be training. In relation career fire-fighters, it has
the same meaning as it has under the Fire Service Act 1979.
The term fire prevention operations has the same
meaning that it has under section 5(3) of the Principal
Act. It includes attending any meeting, competition, or
demonstration related to the prevention, control or
extinguishment of fires, which is taken to be training.
A volunteer fire-fighter is defined as a person who,
otherwise than under a contract for services, a contract
of service, or training agreement with the Secretary of
the responsible Department in relation to the Fire Service
Act or the State Fire Commission or any brigade within
the meaning of the Fire Service Act, engages in fire-fighting
operations or fire prevention operations with the
consent of or under the authority of or in co-operation
with a person or body referred to previously. This
definition reflects the definition under section 5(1) of the
Principal Act.
28. Review of operation of section 27
This section requires that the Minister must ensure that a
review of the operation of section 27 is undertaken and
completed by the end of 12 months after the section
commences operation.
The person who undertakes the review must provide a
written report of the review to the Minister as soon as
practicable after it is completed.
The Minister is required to have the report laid before
each House of Parliament within 10 sitting days after the
report is provided.
Section 28
Schedule 5 inserted
Inserts Schedule 5 after Schedule 4 in the Principal Act.
Schedule 5 Diseases, of Fire-Fighters, in respect
of which there is a presumption of cause
Schedule 5 details each of the twelve primary site cancers
to which the presumption applies and the qualifying
period for each of those cancers. The cancers and the
qualifying periods mirror those which apply under the
Safety, Rehabilitation and Compensation Act 1988
(Commonwealth).
Clause 5 Schedule 5 also makes provision for additional cancers to
be prescribed, and for a qualifying period to be
prescribed to those cancers. This provision will allow for
cancers to be added to the list if future medical research
suggests that there are strong links between employment
as a fire-fighter and the contraction of a cancer.
Repeal of Act
This clause repeals this Act a year from the day on which
it commences.
WORKERS REHABILITATION AND
COMPENSATION AMENDMENT
(FIRE-FIGHTERS) BILL 2013
CLAUSE NOTES
Clause 4 Sections 27 and 28 inserted
AMENDED
Clause 6
27. Presumption as to cause
of certain diseases in
relation to fire-fighters
Subsection (1)(d) The exposure requirement
provision detailed in this
subsection applies to a worker
to whom subsection (6) applies.
Subsection (6) applies to a
worker who is a volunteer fire-
fighter for the qualifying period,
or a worker who is a volunteer
fire-fighter and career fire-fighter
where the qualifying period
cannot be satisfied without
taking into account the period
the worker is a volunteer fire-
fighter.
The relevant number of
exposure events is 260 in any 10
year period of employment, or
260 in any 5 year period of
employment in the case of
primary site brain cancer or
leukemia. This will prevent the
presumption applying to a
person who has long service but
little exposure to the hazards of
fire.
Subsection (6) Subsection (6) is replaced with
the following provision.
The exposure requirement
specified in subsection 1(d)
applies to a worker:
(a) who is a volunteer fire-
fighter for the qualifying
period specified in column 2
of Schedule 5; or
(b) who is a volunteer fire-
fighter for part of the
qualifying period and a
career fire-fighter for
another part of the period,
and the worker does not
meet the qualifying period
without taking into account a
period of work as a
volunteer fire-fighter.
Subsection (7) This subsection provides a
mechanism for the list of
diseases included in Schedule 5
to be varied, rescinded or added
to by Regulations. This includes
adding a qualifying period where
a disease is added to the list.
Subsection (8) In the definition of "career fire-
fighter" (b) refers to a worker
who occupies, or has occupied a
position classified as a "fire-
fighter", "station officer", "senior
station officer" or "district
officer" under the industrial
award that relates to persons
carrying out fire-fighting
operations.
28. Review of operation of
section 27
Subsection (1) Provides that the Minister must
cause a review of the operation
of section 27 to be undertaken
and completed as soon as
practicable after 12 months from
the commencement of the
section and then every 12
months after the completion of
each previous review.
Clause 5 Schedule 5 inserted
Item 13 is removed.