Federal Register of Legislation - Australian Government

Primary content

Other as made
This instrument amends the Safety, Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2017 to implement a Budget 2021-22 measure to reverse the onus of proof diseases listed in the instrument for an employee who served as an Australian Defence Force Firefighter or participated in a firefighter training course (including as an instructor) at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986.
Administered by: Veterans' Affairs
Registered 17 Sep 2021
Tabling HistoryDate
Tabled HR18-Oct-2021
Tabled Senate18-Oct-2021
Table of contents.

 

Commonwealth Coat of Arms

Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Amendment Instrument 2021

I, Andrew Gee, Minister for Veterans’ Affairs, make the following instrument.

Dated 17 September 2021.                                         

Andrew Gee

Minister for Veterans’ Affairs

 

 

 

 

 

 

 

 

 

 

  

  

  


Contents

1  Name.......................................................................................................... 2

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

3  Authority.................................................................................................... 2

4  Schedules................................................................................................... 2

Schedule 1—Amendments relating to firefighters.................................... 3

Part 1—Amendments................................................................................ 3

Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Instrument 2017........................................................... 3

Part 2—Application provision................................................................... 7


1  Name

                   This instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Amendment Instrument 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

20 September 2021.

20 September 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under paragraph 7(1)(b) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

4  Schedules

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


Schedule 1Amendments relating to firefighters

Part 1—Amendments

Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Instrument 2017

 

1  Section 4

Insert:

ICD–10–AM reference, short for International Statistical Classification of Diseases and Related Health Problems, 11th edition, Australian Modification, means the reference in the alphanumeric coding scheme for diseases and external causes of injury set out in ICD–10–AM, as in force on 1 July 2019.

Note:          The text of the ICD–10–AM, could in 2021, be viewed on the Independent Hospital Pricing Authority’s website, (http://www.ihpa.gov.au).

2  Section 5 (heading)

Repeal the heading, substitute:

5  Application–general

3  Section 5

After “disease”, insert “specified in Schedule 1”.

4  After section 5

Insert:

5A  Application–firefighters

             (1)  This instrument applies in relation to a disease specified in Schedule 3 that an employee sustains in relation to:

(a)    the employee’s service as a firefighter; or

(b)   the employee’s participation in a firefighter training course; or

(c)    the employee’s role as an instructor of a firefighter training course;

at the RAAF Base Point Cook between 1 January 1957 and 31 December 1986.

             (2)  For the purposes of subsection (1), it does not matter whether the disease was sustained by the employee during the period mentioned in that subsection or at a later time.

5  Section 7

Before “For the purposes of”, insert “(1)”.

6  At the end of section 7

Add:

             (2)  For the purposes of paragraph 7(1)(b) of the Act, a disease of a kind, including an aggravation of a disease of a kind, specified in column 1 of an item of the table in Schedule 3 by reference to the ICD–10–AM reference in column 2 of that item is a disease related to employment of a kind specified in column 3 of that item.

7  Schedule 1 (heading)

Repeal the heading, substitute:

Schedule 1Specified diseases relating to specified employment

8  At the end of the instrument

Add:

Schedule 3Specified diseases relating to firefighters

  

 

 

Column 1                                              

Column 2

Column 3

Item

Disease

ICD–10–AM reference

Employment

Skin diseases

 

 

1          

Dysplastic naevus

D22/M8727/0

Employment involving work relating to:

(a)     firefighting; or

(b)     participating in a firefighting training course; or

(c)     instructing participants in a firefighter training course;

at RAAF Base Point Cook between 1 January 1957 and 31 December 1986.

2          

Eczema or dermatitis

L20–L30

The same as for item 1.

Diseases of the nervous system

 

3          

Multiple sclerosis

G35

The same as for item 1.

4          

Parkinson’s disease

G20

The same as for item 1.

5          

Peripheral neuropathy

G62

The same as for item 1.

6          

Spinal muscular atrophy

G12

The same as for item 1.

7          

Erectile dysfunction

N48.4

The same as for item 1.

8          

Cauda equina syndrome

G95.9

The same as for item 1.

9          

Neurogenic bladder

N31.9

The same as for item 1.

10      

Non-alcoholic toxic encephalopathy

G92

The same as for item 1.

11      

Acquired colour vision deficiency

H53.5

The same as for item 1.

Mental diseases

 

12      

Depression

F32.0-F33.9, F34, F38 and F39

The same as for item 1.

13      

Sleep disorders with a neurological basis

G47.31

The same as for item 1.

14      

Bi-polar affective disorder

F31

The same as for item 1.

15      

Vertigo

R42

The same as for item 1.

16      

Memory loss

F04

The same as for item 1.

17      

Anxiety

F41

The same as for item 1.

18      

Panic disorders

F41.0

The same as for item 1.

19      

Impaired cognition

F03

The same as for item 1.

20      

Agoraphobia with panic disorder

F40.01

The same as for item 1.

Malignant diseases

 

21      

Malignant neoplasms

C00–C96

The same as for item 1.

22      

Myeloproliferative disorders

C81–C96, D45 and D47

The same as for item 1.

 

Liver diseases

 

23      

Liver disease (excluding diabetes)

K71

The same as for item 1.

24      

Pancreatic disease

K85–K86

The same as for item 1.

Gastrointestinal diseases

 

25      

Irritable bowel disorder

K58

The same as for item 1.

26      

Ulcerative colitis/Crohn’s disease

K50–K51

The same as for item 1.

27      

Diverticulitis

K57

The same as for item 1.

28      

Bowel polyps

D12

The same as for item 1.

Diseases of the immune system

 

29      

Mixed connective tissue disease

M35.1

The same as for item 1.

30      

Systemic lupus erythematosus

M32

The same as for item 1.

31      

Sarcoidosis

D86

The same as for item 1.


 

Part 2—Application provision

9  Application

             (1)  The amendments made by Part 1 of this Schedule apply in relation to a claim for compensation under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 that is made on or after 20 September 2021 by:

(a)    a firefighter; or

(b)   the personal representative of a firefighter whose death occurred on or after 11 May 2021.

             (2)  In this item:

firefighter means a person who:

(a)    served as a firefighter; or

(b)   participated in a firefighter training course; or

(c)    was an instructor of a firefighter training course;

at the RAAF Base Point Cook between 1 January 1957 and 31 December 1986.