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Act No. 182 of 2011 as made
An Act to amend provisions in the Safety, Rehabilitation and Compensation Act 1988 relating to injuries sustained by firefighters, and for related purposes
Administered by: Attorney-General's
Originating Bill: Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Bill 2011
Registered 20 Dec 2011
Date of Assent 06 Dec 2011
Table of contents.

 

 

 

 

 

 

Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act 2011

 

No. 182, 2011

 

 

 

 

 

An Act to amend provisions in the Safety, Rehabilitation and Compensation Act 1988 relating to injuries sustained by firefighters, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 2

2............ Commencement................................................................................... 2

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Safety, Rehabilitation and Compensation Act 1988                                            3

 


 

 

Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act 2011

No. 182, 2011

 

 

 

An Act to amend provisions in the Safety, Rehabilitation and Compensation Act 1988 relating to injuries sustained by firefighters, and for related purposes

[Assented to 6 December 2011]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act 2011.

2  Commencement

                   This Act commences on the day after it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

  

Safety, Rehabilitation and Compensation Act 1988

1  After subsection 7 (7)

Insert:

             (8)  If an employee:

                     (a)  suffers a disease mentioned in the following table; and

                     (b)  before the disease was sustained, was employed as a firefighter for the qualifying period mentioned for that disease; and

                     (c)  was exposed to the hazards of a fire scene during that period; and

                     (d)  in the case of a cancer of a kind covered by item 13 of the following table—satisfies the conditions (if any) prescribed for such a cancer;

the employment is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established.

Item

Disease

Qualifying period

1

Primary site brain cancer

5 years

2

Primary site bladder cancer

15 years

3

Primary site kidney cancer

15 years

4

Primary non-Hodgkins lymphoma

15 years

5

Primary leukemia

5 years

6

Primary site breast cancer

10 years

7

Primary site testicular cancer

10 years

8

Multiple myeloma

15 years

9

Primary site prostate cancer

15 years

10

Primary site ureter cancer

15 years

11

Primary site colorectal cancer

15 years

12

Primary site oesophageal cancer

25 years

 

13

A cancer of a kind prescribed for this table

The period prescribed for such a cancer

             (9)  For the purposes of subsection (8):

                     (a)  an employee is taken to have been employed as a firefighter if firefighting duties made up a substantial portion of his or her duties;  and

                     (b)  an employee who was employed as a firefighter for 2 or more periods that add up to the qualifying period is taken to have been so employed for the qualifying period; and

                     (c)  an employee is taken to have been employed as a firefighter only if he or she was (disregarding the effect of any declarations under subsection 5(15)) employed as a firefighter by the Commonwealth, a Commonwealth authority or a licensed corporation.

           (10)  Subsection (8) does not limit, and is not limited by, subsections (1) and (2).

2  Review of amendment

(1)       The Minister must cause an independent review of the operation of the amendment made by item 1 to be undertaken and completed by 31 December 2013.

(2)       The person who undertakes the review must give the Minister a written report of the review.

(3)       The report must be published on the Department’s website.

3  Application

The amendment made by item 1 applies in relation to a disease that an employee sustains on or after 4 July 2011.


 

[Member’s statement on introduction made in—

House of Representatives on 4 July 2011

Senate on 10 November 2011]

(137/11)