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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
FAIR WORK LEGISLATION AMENDMENT (FIRST RESPONDERS) BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by authority of Senators Lambie and David Pocock)
FAIR WORK LEGISLATION AMENDMENT (FIRST RESPONDERS) BILL
2023
OUTLINE
The Fair Work Legislation Amendment (First Responders) Bill 2023 (the Bill) implements
presumptive liability provisions for first responders covered by the Safety, Rehabilitation and
Compensation Act 1988 (SRC Act) who suffer post-traumatic stress disorder (PTSD).
The Bill amends the SRC Act to provide a rebuttable presumption that PTSD suffered by
specified first responders was contributed to, to a significant degree, by employment. The
presumption will apply to employees of the Australian Federal Police, firefighters, ambulance
officers (including paramedics), emergency services communications operators and other
persons engaged under the Emergencies Act 2004 (ACT).
The proposed amendments are consistent with the recommendation of the Senate Education
and Employment References Committee report.
The purpose of the Bill is to improve the physical and mental health outcomes for first
responders covered by the SRC Act by simplifying their access to workers' compensation if
they are suffering from PTSD. Employment will be presumed to have significantly contributed
to PTSD suffered by first responders for the purposes of workers' compensation.
If a person does not satisfy the requirements of subsection 7(11) of the SRC Act (for example,
by not meeting the definition of 'first responder'), it remains open for the employee to
otherwise establish, on the balance of probabilities, that the disease was contributed to, to a
significant degree, by the employee's employment.
By simplifying the workers' compensation process for first responders suffering PTSD, the
amendments to the SRC Act promote access to those first responders suffering PTSD to
rehabilitation and compensation, embracing their right to the highest attainable standard of
mental health.
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. This Bill will commence the day after it receives Royal Assent.
Clause 3: Schedules
3. This clause gives effect to the provisions in Schedule 1 to the Bill.
Schedule 1-- Amendment of the Safety, Rehabilitation and Compensation Act 1988
4. This Bill amends the SRC Act to introduce a rebuttable presumption that post-
traumatic stress disorder suffered by specified first responders was contributed to, to
a significant degree, by their employment.
Safety, Rehabilitation and Compensation Act 1988
Item 1 - Before Subsection 7(8)
5. This item would introduce a heading before subsection 7(8) indicating that subsections
7(8)-(10) relate to 'diseases suffered by firefighters'.
6. This heading is to provide for consistency in section 7 and is not intended to alter the
operation of subsections 7(8)-(10).
Item 2 - At the end of section 7
7. Subsection 7(11) would provide that unless the decision-maker is satisfied to the
contrary, post-traumatic stress disorder suffered by specified first responders is to be
taken to have been contributed to, to a significant degree, by their employment.
8. Paragraph 7(11)(a) would specify that for the presumption to apply, the decision-
maker must be satisfied that the employee's post-traumatic stress disorder was
suffered in accordance with a legislative instrument determined in accordance with
new subsection 7(12).
9. Subsection 7(12) would enable the Minister to make a legislative instrument
specifying the circumstances in which an employee is taken to have suffered, or be
suffering from, post-traumatic stress disorder. As paragraph 7(11)(a) requires that the
post-traumatic stress disorder must have been suffered in accordance with such an
instrument, an instrument would be required in order for the presumption to operate.
10. Subsection 7(13) would provide an exhaustive list of 'first responders' to whom the
presumption in subsection 7(11) would apply. Under new subsection 7(11), a person
must have been employed as a first responder prior to the symptoms of post-traumatic
stress disorder first becoming apparent. Subsection 7(13) would specify that a person,
being an 'employee' within the meaning provided by existing section 5, was a first
responder if they were:
• the Commissioner of the Australian Federal Police, a Deputy Commissioner
of the Australian Federal Police, or an AFP employee (all within the meaning
of the Australian Federal Police Act 1979);
• employed as a firefighter;
• employed as an ambulance officer or paramedic;
• employed as an emergency services communications operator; or
• a member of an emergency service within the meaning of the Emergencies
Act 2004 (ACT).
11. New paragraph 7(14) would confirm that the presumption in new paragraph 7(11)
does not limit, and is not limited by, the pre-existing presumptions in subsections
7(1) and (2).
Item 3 - Application of amendments
12. Item 3 specifies that the amendments to the SRC Act would apply to post-traumatic
stress disorder sustained after the commencement of the amendments. The date on
which diseases are taken to have been sustained is determined in accordance with
existing subsection 7(4).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Fair Work Legislation Amendment (First Responders) Bill 2023
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The Bill implements presumptive liability provisions for first responders covered by the SRC
Act who suffer PTSD.
The Bill amends the SRC Act to provide a rebuttable presumption that PTSD suffered by
specified first responders was contributed to, to a significant degree, by employment. The
presumption will apply to employees of the Australian Federal Police, firefighters, ambulance
officers (including paramedics), emergency services communications operators and other
persons engaged under the Emergencies Act 2004 (ACT).
The purpose of the Bill is to improve the physical and mental health outcomes for first
responders covered by the SRC Act by simplifying their access to workers' compensation if
they are suffering from PTSD. Employment will be presumed to have significantly contributed
to PTSD suffered by first responders for the purposes of workers' compensation.
By simplifying the workers' compensation process for first responders suffering PTSD, the
amendments to the SRC Act promote access to those first responders suffering PTSD to
rehabilitation and compensation, embracing their right to the highest attainable standard of
mental health.
Human rights implications
This Bill positively engages the following rights and freedoms:
• the right to the highest attainable standard of physical and mental health under Article
12 of the International Covenant on Economic Social and Cultural Rights (ICESCR);
• the right to the enjoyment of just and favorable conditions of work under Articles 6
and 7 of the ICESCR;
• the right to an effective remedy under Article 2(3) of the International Covenant on
Civil and Political Rights and Article 2 of the Convention on the Elimination of All
Forms of Discrimination against Women ;
• the right to social security, including social insurance under Article 9 of the ICESCR.
Conclusion
This Bill is compatible with human rights as it promotes human rights.
Senator Jacqui Lambie and Senator David Pocock