Safety, Rehabilitation and Compensation (Specified Diseases) Notice 2007 (1)

Overview

The Safety, Rehabilitation and Compensation Act 1988, enacted by the Australian Parliament, establishes the framework for the Commonwealth workers’ compensation and rehabilitation scheme. This Act specifically addresses the problem of determining liability for diseases related to employment by providing a reverse onus of proof mechanism. Under Section 7 of the Act, if an employee suffers, is suffering, or dies from a specified disease related to their employment, and this disease was listed by the Minister, the employment is presumed to have contributed significantly to the disease. This presumption was initially specified in a Notice published in Gazette S365 on 30 November 1988. In response to the Legislative Instruments Act 2003, which mandates the updating of pre-2000 legislative instruments, this Notice was remade to ensure its continued validity, with no substantive changes to the original provisions. The remake process was conducted without consultation due to the lack of substantive alterations, and an assessment under the Office of Best Practice Regulation guidelines determined that a Regulation Impact Statement was not necessary. This legislative instrument took effect from 1 July 2007.

Scope and Application

The Safety, Rehabilitation and Compensation Act 1988 applies to employees who have contracted specified diseases related to their employment with the Commonwealth or a licensed corporation, as outlined in Section 7. This Act establishes the Commonwealth's workers' compensation and rehabilitation scheme, providing that if an employee suffers from a disease specified by the Minister as being related to their employment, the employment is considered to have significantly contributed to the disease. This provision is a reverse onus of proof, meaning that the burden of proof shifts to the employer to demonstrate that the employment did not significantly contribute to the disease. The Act's geographic and jurisdictional reach is limited to the Commonwealth and its licensed corporations. The original list of specified diseases was published in Gazette S365 on 30 November 1988, and while there has been a need to amend one of the items, the remake of this legislative instrument does not constitute a substantive change. The remake is a formality to comply with the Legislative Instruments Act 2003, which requires all pre-2000 legislative instruments to be backcaptured or remade and placed on the Federal Register of Legislative Instruments by 31 December 2007. As there was no substantive change, consultation was not undertaken, and an assessment under the new guidelines issued by the Office of Best Practice Regulation determined that a Regulation Impact Statement was not required for this declaration. The remade Notice is a legislative instrument for the purposes of the Legislative Instruments Act and took effect from 1 July 2007.

Key Provisions

The primary provision in this legislation (subsection 7(1) of the Safety, Rehabilitation and Compensation Act 1988) establishes a significant legal presumption that a disease suffered by an employee is related to their employment under specific conditions. This means that if an employee contracts a specified disease, is currently suffering from it, or dies as a result of it, and the disease has been designated by the Minister as one related to employment, then the employment is considered to have significantly contributed to the disease. This is a reverse onus of proof, meaning the employee does not need to prove the disease was caused by their employment, only that they meet the criteria set out in the subsection. This Act imposes obligations on employers, particularly those operating under the Commonwealth or through a licensed corporation. Employers must ensure that any diseases listed as employment-related are properly documented and managed within their workplace rehabilitation and compensation schemes. They must also be prepared to acknowledge the contribution of employment to the disease if an employee contracts one of the specified diseases. The Act also requires employers to maintain up-to-date records and provide necessary evidence to support claims related to these diseases. The legislation outlines consequences for non-compliance with its provisions, although specific penalties are not detailed within the excerpt provided. Generally, under the SRC Act, failure to adhere to the requirements for documenting and acknowledging employment-related diseases could lead to legal challenges, financial penalties, or other regulatory actions. Given the nature of the Act, penalties could include fines or other sanctions as deemed appropriate by the relevant authorities. The exact penalties would depend on the specific breach and could be subject to the laws and regulations in place at the time of the offence. In summary, the key sections of this legislation establish a presumption that certain diseases are related to employment under specific conditions. It mandates that employers acknowledge this connection if an employee contracts a listed disease, while also setting out the process for documenting and managing such claims. Although specific penalties for breaches are not detailed in the excerpt, non-compliance could result in legal or financial consequences.