
Seafarers Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2021
I, MICHAELIA CASH, Acting Minister for Industrial Relations, make the following instrument.
Dated 25 March 2021
MICHAELIA CASH
Acting Minister for Industrial Relations
1 Name...................................................3
2 Commencement............................................3
3 Authority................................................3
4 Definitions...............................................3
5 Application................................................3
6 Schedules.................................................3
7 Specification...............................................3
8 Repeal..................................................3
Schedule 1—Specification 4
Schedule 2—Occupational asthma 12
Schedule 3—Repeals 19
This instrument is the Seafarers Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2021.
This instrument commences on the day after it is registered on the Federal Register of Legislation.
This instrument is made under paragraph 10(1)(b) of the Seafarers Rehabilitation and Compensation Act 1992.
In this instrument:
Act means the Seafarers Rehabilitation and Compensation Act 1992.
disease has its ordinary meaning.
substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour.
This instrument applies in relation to a disease that an employee suffers on or after the day this instrument commences.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
For the purposes of paragraph 10(1)(b) of the Act, a disease of a kind specified in column 1 of an item of the table in Schedule 1 is a disease related to employment of a kind specified in column 2 of that item.
This instrument is repealed the day after the end of the period of 5 years beginning on the day this instrument commences.
| Column 1 | Column 2 |
Item | Disease | Employment |
Infectious diseases | ||
1 | Anthrax | Employment involving work with:
|
2 | Brucellosis | Employment involving work with:
|
3 | Hepatitis A | Employment involving work with human waste. |
4 | Hepatitis B or Hepatitis C | Employment involving work with human body fluids. |
5 | Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) | Employment involving work with:
|
6 | Leptospirosis | Employment involving work with:
|
7 | Orf | Employment involving work with:
|
8 | Q-fever | Employment involving work with:
|
9 | Tuberculosis | Employment involving work with:
(i) in a farming setting; or (ii) in a veterinarian setting; or
(i) in a farming setting; or (ii) in a veterinarian setting; or
(i) in a healthcare services setting; or (ii) in a mortuary setting; or
|
10 | Malaria | Employment involving work in a region where malaria is endemic. |
Malignant diseases | ||
11 | Primary malignant disease of the salivary gland | Employment for at least 5 years (whether consecutive or not) involving work with:
|
12 | Primary malignant disease of the nasopharynx | Employment for at least 5 years (whether consecutive or not) involving work with:
|
13 | Primary malignant disease of the oesophagus | Employment for at least 5 years (whether consecutive or not) involving work with:
|
14 | Primary malignant disease of the stomach | Employment for at least 5 years (whether consecutive or not) involving work with:
|
15 | Primary malignant disease of the colon or rectum | Employment for at least 5 years (whether consecutive or not) involving work with:
|
16 | Primary malignant disease of the liver | Employment for at least 5 years (whether consecutive or not) involving work with vinyl chloride monomer. |
17 | Primary malignant disease of the nasal cavity or para-nasal sinuses | Employment for at least 5 years (whether consecutive or not) involving work with:
|
18 | Primary malignant disease of the larynx | Employment for at least 5 years (whether consecutive or not) involving work with:
|
19 | Primary malignant disease of the lung caused by asbestos | Employment for at least 5 years (whether consecutive or not) involving work with:
|
20 | Primary malignant disease of the bone | Employment for at least 5 years (whether consecutive or not) involving work with:
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21 | Primary malignant disease of the mesothelium | Employment for at least three months (whether consecutive or not) involving work with:
|
22 | Primary malignant disease of the breast | Employment for at least 5 years (whether consecutive or not) involving work with:
|
23 | Primary malignant disease of the ovary | Employment for at least 5 years (whether consecutive or not) involving work with:
|
24 | Primary malignant disease of the kidney | Employment for at least 5 years (whether consecutive or not) involving work with:
|
25 | Primary malignant disease of urothelial tissue lining the urinary tract | Employment for at least 5 years (whether consecutive or not) involving work with:
|
26 | Primary malignant disease of the brain | Employment for at least 5 years (whether consecutive or not) involving work with:
|
27 | Primary malignant disease of the thyroid | Employment for at least 5 years (whether consecutive or not) involving work with:
|
28 | Primary leukaemia (excluding chronic lymphatic leukaemia) | Employment for at least 2 years (whether consecutive or not) involving work with:
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29 | Primary non-Hodgkins lymphoma | Employment for at least 2 years (whether consecutive or not) involving work with:
|
30 | Cholangiocarcinoma | Employment for at least 5 years (whether consecutive or not) involving work with 1,2 Dichloropropane. |
31 | Ocular melanoma | Employment for at least 5 years (whether consecutive or not) involving work with welding (producing ultraviolet light). |
Diseases of the nervous system | ||
32 | Parkinson’s disease | Employment for at least one year (whether consecutive or not) involving work with manganese. |
33 | Peripheral neuropathy | Employment for at least one year (whether consecutive or not) involving work with:
|
Respiratory diseases | ||
34 | Occupational asthma | Employment for at least 4 weeks (whether consecutive or not) involving work with an agent or thing specified in column 2 of an item of the table in Schedule 2. |
35 | Coal workers’ pneumoconiosis | Employment for at least 5 years (whether consecutive or not) involving work with coal. |
36 | Asbestosis | Employment for at least 5 years (whether consecutive or not) involving work with:
|
37 | Silicosis | Employment for at least 5 years (whether consecutive or not) involving work with:
|
38 | Other pneumoconiosis | Employment for at least 5 years (whether consecutive or not) involving work with:
|
39 | Byssinosis | Employment for at least 4 weeks (whether consecutive or not) involving work with:
|
40 | Extrinsic allergic alveolitis | Employment for at least 4 weeks (whether consecutive or not) involving work with:
|
Hepatic disease | ||
41 | Non-infectious hepatitis | Employment involving work with:
(za) organochlorine compounds; or (zb) organophosphate; or (zc) osmium; or (zd) oxides of nitrogen; or (ze) ozone; or (zf) phosgene; or (zg) phosphorus; or (zh) selenium; or (zi) styrene; or (zj) thallium; or (zk) tin; or (zl) toluene; or (zm) toxic halogen derivatives of aliphatic; or (zn) toxic nitro-derivatives of benzene; or (zo) vanadium; or (zp) zinc. |
Skin diseases | ||
42 | Irritant contact dermatitis | Employment for at least 4 weeks (whether consecutive or not) involving work and contact with:
|
43 | Allergic contact dermatitis | Employment for at least 4 weeks (whether consecutive or not) involving work and contact with:
(i) amylcinnamaldehyde; or (ii) cinnamic alcohol; or (iii) cinnamic aldehyde; (iv) eugenol; or (v) geraniol; or (vi) hydroxycitronellal; or (vii) isoeugenol; or (viii) oakmoss absolute; or
(i) citral; or (ii) citronellol; or (iii) coumarin; or (iv) farnesol; or (v) hexyl cinnamic aldehyde; or (vi) hydroxyisohexyl 3-cyclohexene carboxaldehyde; or
(i) tetramethylthiuramdisulfide; or (ii) tetramethylthiuram monosulfide; or (iii) tetraethylthiuram disulfide. |
44 | Occupational vitiligo | Employment for at least 4 weeks (whether consecutive or not) involving work with:
|
Musculoskeletal diseases | ||
45 | Raynaud’s disease | Employment for at least 12 weeks (whether consecutive or not) involving work with:
|
46 | Bursitis at the elbow or knee | Employment for at least 6 months (whether consecutive or not) involving a work activity that:
(i) involves prolonged external friction at or about the elbow; or (ii) involves prolonged external pressure at or about the elbow; or (iii) involves recurrent external friction at or about the elbow; or (iv) involves recurrent external pressure at or about the elbow; or
(i) involves prolonged external friction at or about the knee; or (ii) involves prolonged external pressure at or about the knee; or (iii) involves recurrent external friction at or about the knee; or (iv) involves recurrent external pressure at or about the knee. |
Acute diseases | ||
47 | Acute poisoning or toxicity affecting the heart, lungs, liver, kidney, nervous system or blood | The same as for item 38. |
| Column 1 | Column 2 |
Item | Class of agent or thing | Specified agent or thing |
1 | Arthropods |
|
2 | Acids |
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3 | Acrylates |
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4 | Aldehydes |
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5 | Amines |
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6 | Ammonias |
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7 | Anhydrides |
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8 | Bio-aerosols |
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9 | Biological enzymes |
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10 | Epoxy |
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11 | Ethylene oxide | ethylene oxide. |
12 | Flours |
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13 | Flowers |
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14 | Foods |
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15 | Industrial cleaning and sterilising agents |
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16 | Isocyanates |
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17 | Latex |
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18 | Medications |
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19 | Metals |
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20 | Other reactive chemicals |
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21 | Pesticides |
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22 | Plants and sensitising agents or irritants derived from plants |
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23 | Reactive dyes |
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24 | Sensitising agents or irritants derived from animals |
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25 | Sensitising agents or irritants derived from fish or shellfish |
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26 | Soldering fluxes |
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27 | Wood |
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Schedule 3—Repeals
Note: See section 6
Seafarers Rehabilitation and Compensation Act 1992 – Notice of Declarations and Specifications (25/05/1993)
1 The whole of the instrument
Repeal the instrument.