Safety, Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2017
made under subsection 7(1) of the
Safety, Rehabilitation and Compensation Act 1988
Compilation No. 1
Compilation date: 15 March 2019
Includes amendments up to: F2019L00298
About this compilation
This compilation
This is a compilation of the Safety, Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2017 that shows the text of the law as amended and in force on 15 March 2019 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name……………………………………………………………………………………..
2 Commencement………………………………………………………………………….
3 Authority…………………………………………………………………………………
4 Definitions………………………………………………………………………………..
5 Application……………………………………………………………………………….
6 Schedules……………………………………………………………………………........
7 Specification……………………………………………………………………………...
Schedule 1—Specification 3
Schedule 2—Occupational asthma 11
1 Name
This instrument is the Safety, Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2017.
2 Commencement
This instrument commences on the earlier of:
- the day after this instrument is registered on the Federal Register of Legislation; and
- 1 October 2017.
3 Authority
This instrument is made under paragraph 7(1)(b) of the Safety, Rehabilitation and Compensation Act 1988.
4 Definitions
In this instrument:
Act means the Safety, Rehabilitation and Compensation Act 1988.
disease has its ordinary meaning.
substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour.
5 Application
This instrument applies in relation to a disease that an employee sustains on or after the day this instrument commences.
6 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.
7 Specification
For the purposes of paragraph 7(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.
Schedule 1—Specification
| 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
|
Malignant diseases | ||
10 | Primary malignant disease of the salivary gland | Employment for at least 5 years (whether consecutive or not) involving work with:
|
11 | Primary malignant disease of the nasopharynx | Employment for at least 5 years (whether consecutive or not) involving work with:
|
12 | Primary malignant disease of the oesophagus | Employment for at least 5 years (whether consecutive or not) involving work with:
|
13 | Primary malignant disease of the stomach | Employment for at least 5 years (whether consecutive or not) involving work with:
|
14 | Primary malignant disease of the colon or rectum | Employment for at least 5 years (whether consecutive or not) involving work with:
|
15 | Primary malignant disease of the liver | Employment for at least 5 years (whether consecutive or not) involving work with vinyl chloride monomer. |
16 | Primary malignant disease of the nasal cavity or para-nasal sinuses | Employment for at least 5 years (whether consecutive or not) involving work with:
|
17 | Primary malignant disease of the larynx | Employment for at least 5 years (whether consecutive or not) involving work with:
|
18 | Primary malignant disease of the lung caused by asbestos | Employment for at least 5 years (whether consecutive or not) involving work with:
|
19 | Primary malignant disease of the bone | Employment for at least 5 years (whether consecutive or not) involving work with:
|
20 | Primary malignant disease of the mesothelium | Employment for at least one year (whether consecutive or not) involving work with:
|
21 | Primary malignant disease of the breast | Employment for at least 5 years (whether consecutive or not) involving work with:
|
22 | Primary malignant disease of the ovary | Employment for at least 5 years (whether consecutive or not) involving work with:
|
23 | Primary malignant disease of the kidney | Employment for at least 5 years (whether consecutive or not) involving work with:
|
24 | Primary malignant disease of urothelial tissue lining the urinary tract | Employment for at least 5 years (whether consecutive or not) involving work with:
|
25 | Primary malignant disease of the brain | Employment for at least 5 years (whether consecutive or not) involving work with:
|
26 | Primary malignant disease of the thyroid | Employment for at least 5 years (whether consecutive or not) involving work with:
|
27 | Primary leukaemia (excluding chronic lymphatic leukaemia) | Employment for at least 2 years (whether consecutive or not) involving work with:
|
28 | Primary non-Hodgkins lymphoma | Employment for at least 2 years (whether consecutive or not) involving work with:
|
Diseases of the nervous system | ||
29 | Parkinson’s disease | Employment for at least one year (whether consecutive or not) involving work with manganese. |
30 | Peripheral neuropathy | Employment for at least one year (whether consecutive or not) involving work with:
|
Respiratory diseases | ||
31 | 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. |
32 | Coal workers’ pneumoconiosis | Employment for at least 5 years (whether consecutive or not) involving work with coal. |
33 | Asbestosis | Employment for at least 5 years (whether consecutive or not) involving work with:
|
34 | Silicosis | Employment for at least 5 years (whether consecutive or not) involving work with:
|
35 | Other pneumoconiosis | Employment for at least 5 years (whether consecutive or not) involving work with:
|
36 | Byssinosis | Employment for at least 4 weeks (whether consecutive or not) involving work with:
|
37 | Extrinsic allergic alveolitis | Employment for at least 4 weeks (whether consecutive or not) involving work with:
|
Hepatic disease | ||
38 | 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 | ||
39 | Irritant contact dermatitis | Employment for at least 4 weeks (whether consecutive or not) involving work and contact with:
|
40 | 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. |
41 | Occupational vitiligo | Employment for at least 4 weeks (whether consecutive or not) involving work with:
|
Musculoskeletal diseases | ||
42 | Raynaud’s disease | Employment for at least 12 weeks (whether consecutive or not) involving work with:
|
43 | 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 | ||
44 | Acute poisoning or toxicity affecting the heart, lungs, liver, kidney, nervous system or blood | The same as for item 38. |
Schedule 2—Occupational asthma
| Column 1 | Column 2 |
Item | Class of agent or thing | Specified agent or thing |
1 | Arthropods |
|
2 | Acids |
|
3 | Acrylates |
|
4 | Aldehydes |
|
5 | Amines |
|
6 | Ammonias |
|
7 | Anhydrides |
|
8 | Bio-aerosols |
|
9 | Biological enzymes |
|
10 | Epoxy |
|
11 | Ethylene oxide | ethylene oxide. |
12 | Flours |
|
13 | Flowers |
|
14 | Foods |
|
15 | Industrial cleaning and sterilising agents |
|
16 | Isocyanates |
|
17 | Latex |
|
18 | Medications |
|
19 | Metals |
|
20 | Other reactive chemicals |
|
21 | Pesticides |
|
22 | Plants and sensitising agents or irritants derived from plants |
|
23 | Reactive dyes |
|
24 | Sensitising agents or irritants derived from animals |
|
25 | Sensitising agents or irritants derived from fish or shellfish |
|
26 | Soldering fluxes |
|
27 | Wood |
|
|
|
|
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| o = order(s) |
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub‑subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev…) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) |
|
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislation | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LA = Legislation Act 2003 | s = section(s)/subsection(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Safety, Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2017 | 3 October 2017 (F2017L01318) | 1 October 2017 | - |
Safety, Rehabilitation and Compensation (Specified Diseases and Employment) Amendment Instrument 2019 | 14 March 2019 (F2019L00298) | 15 March 2019 | Sch 1 (item 3) |
Endnote 4—Amendment history
Provision affected | How affected |
Sch 1, Item 43, column 2, par (b)(iv) | am F2019L00298 |
Sch 2, Item 22, column 2 par (a) | am F2019L00298 |
Sch 3 | Rep LA s 48C |
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