Chiswell and Australian Capital Territory (Compensation)

The applicant, a former member of the ACT Fire Service, sought compensation for a disease, alleging his employment as a firefighter contributed significantly to its contraction. The respondent, the Australian Capital Territory, had previously made a decision that was under review. The matter came before the Tribunal for determination.

The central legal issues before the Tribunal were whether the applicant had been "employed as a firefighter" for the requisite qualifying period of 15 years, whether he had been exposed to the hazards of a fire scene during that period, and how to interpret the provisions relating to the definition of a firefighter and the inclusion of certain periods of employment, specifically his time at Comcen. The Tribunal was required to consider whether the applicant's duties, particularly during his training and his later role at Comcen, qualified him as a firefighter under the relevant legislation.

The Tribunal found that the applicant had been "employed as a firefighter" from the commencement of his trainee position until he ceased working at Comcen, a period exceeding 15 years. It determined that subsection 7(9) of the relevant Act was a deeming provision, not a limiting one, and therefore did not exclude his service at Comcen from counting towards the qualifying period. The Tribunal was satisfied that the applicant had been exposed to the hazards of a fire scene as required by subsection 7(8)(c). Consequently, the Tribunal set aside the previous decision and remitted the matter to the respondent to determine the claim on the basis that the provisions of subsection 7(8) applied to the applicant, allowing for the rebuttable presumption of employment contribution to the disease.