Safety, Rehabilitation and Compensation (Defence-related Claims) Amendment (Prescribed Cancers) Regulations 2023 (Cth)

Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 28 September 2023

David Hurley

Governor‑General

By His Excellency’s Command

Matthew Keogh

Minister for Veterans’ Affairs

Contents

1Name

This instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) Amendment (Prescribed Cancers) Regulations 2023.

2Commencement

1. (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	The day after this instrument is registered.	5 October 2023

Note: This table relates only to the provisions of this instrument as originally made.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.

1. (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.

3Authority

This instrument is made under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Safety, Rehabilitation and Compensation (Defence‑related Claims) Regulations 2019

1

Before section 6

Insert:

5APrescribed kinds of cancer

For the purposes of item 13 of the table in subsection 7(8) of the Act, a kind of cancer specified in an item of the following table, and the qualifying period specified in the item for that kind of cancer, are prescribed.

Prescribed kinds of cancer
Item	Disease	Qualifying period
1	Primary site lung cancer	15 years
2	Primary site skin cancer	15 years
3	Primary site cervical cancer	10 years
4	Primary site ovarian cancer	10 years
5	Primary site penile cancer	15 years
6	Primary site pancreatic cancer	10 years
7	Primary site thyroid cancer	10 years
8	Malignant mesothelioma	15 years

2

Part 4 (heading)

Repeal the heading, substitute:

Part 4—Application, saving and transitional provisions

Division 1—Repeals

3

At the end of the instrument

Add:

Division 2—Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023

12Application

Section 5A, as inserted by the Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023, applies in relation to a decision made under the Act (including a decision on reconsideration or review under Part VI of the Act), after the commencement of that instrument, in relation to a cancer mentioned in that section sustained by an employee on or after 4 July 2011.