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 Commencement
3 Schedule(s)
Schedule 1—Amendments
Safety, Rehabilitation and Compensation Act 1988
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
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]
Overview
The Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act 2011 was enacted by the Parliament of Australia to address the gap in protections and compensation for firefighters who sustain injuries or contract diseases related to their occupational exposure to fire hazards. The Act aims to ensure that firefighters who suffer from specific diseases receive fair recognition and compensation for their injuries, which were previously not adequately covered under existing provisions. By amending the Safety, Rehabilitation and Compensation Act 1988, the Act establishes a presumption that certain diseases contracted by firefighters are significantly contributed to by their employment, unless proven otherwise. This legislative change is intended to provide a more streamlined and fair process for firefighters seeking compensation for work-related health issues.
Scope and Application
The Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act 2011 is a legislative amendment that extends to the entire Commonwealth of Australia and applies to firefighters who sustain injuries or diseases while performing their duties. This Act specifically amends the Safety, Rehabilitation and Compensation Act 1988 to provide fair protection for firefighters by presuming that certain diseases are significantly contributed to by their employment as firefighters if specific conditions are met, such as the qualifying period of employment and exposure to fire hazards. The Act applies to employees who were employed as firefighters by the Commonwealth, a Commonwealth authority, or a licensed corporation. Importantly, the amendment does not limit existing provisions and applies to diseases sustained on or after 4 July 2011. The Act also mandates an independent review of the amendment's operation, to be completed by 31 December 2013, with the report to be published on the Department's website. The Act’s application can be further extended or restricted through subordinate instruments, though no specific provisions for such extensions or restrictions are detailed in the primary text.
Key Provisions
The main operative sections of the Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act 2011 (Sections 1-3) stipulate that the Act will amend the Safety, Rehabilitation and Compensation Act 1988, particularly concerning injuries sustained by firefighters. Section 1, which is the short title, specifies the Act as the Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act 2011. Section 2 provides the commencement date of the Act, which is the day after it receives the Royal Assent. Section 3 outlines the amendments to the Safety, Rehabilitation and Compensation Act 1988. The specific amendment, found in the Schedule, presumes that if a firefighter contracts a listed disease and meets certain criteria, their employment contributed significantly to the disease, unless proven otherwise (Section 1(8)).
The Act imposes several obligations and requirements on the parties it governs. Firstly, it requires that a firefighter who contracts one of the specified diseases and meets the criteria set out in the Act will be presumed to have contracted the disease due to their employment unless proven otherwise (Section 1(8)). The Act also mandates that the Minister must cause an independent review of the operation of the amendment to be undertaken and completed by 31 December 2013, and the review must be published on the Department's website (Section 2). Furthermore, the Act applies to diseases sustained by employees on or after 4 July 2011 (Section 3).
The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to infer that non-compliance with the presumption of contribution to disease contraction by employment could result in legal challenges or disputes. The Act focuses on establishing a presumption of employment contribution to disease contraction for firefighters, ensuring they receive fair protection and compensation for diseases sustained during their employment. The emphasis is on providing clarity and support for firefighters rather than punitive measures for non-compliance.