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2011
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
SAFETY, REHABILITATION AND COMPENSATION AMENDMENT
(FAIR PROTECTION FOR FIREFIGHTERS) BILL 2011
EXPLANATORY MEMORANDUM
Circulated by the authority of Adam Bandt
Safety, Rehabilitation and Compensation Amendment
(Fair Protection for Firefighters) Bill 2011
OUTLINE
The Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Bill
2011 amends the Safety, Rehabilitation and Compensation Act 1988 to create a legal presumption
that, if a firefighter has been employed for a certain period before being diagnosed with one of 7
types of cancer, the employment is taken to have been the dominant cause of the contraction of
that cancer.
The qualifying period is different for each type of cancer, and firefighting duties must have made
up a substantial portion of the duties of the firefighter in order to qualify.
NOTES ON CLAUSES
Clause 1 - Short Title
This is a formal provision specifying the short title of the bill.
Clause 2 - Commencement
This provides for the commencement of the Act. It provides that the Act will commence
the day after the Act receives Royal Assent.
Clause 3 - Schedule(s)
This clause provides for the effect of schedule 1.
Schedule 1 - Amendments
This item inserts provisions into the Safety, Rehabilitation and Compensation Act 1988
relating to cancers contracted by firefighters.
A new subsection 7 (8) in Part 1 provides that, should a firefighter be diagnosed with
one of seven primary site cancers after a set number of years of being employed as a
firefighter (with a different qualifying period for each cancer type as determined in the
table), the employment is taken to have been the dominant cause of the contraction of
the cancer, unless the contrary is established.
The creation of this legal presumption is designed to increase access to workers'
compensation for those who qualify.
A new subsection 7 (9) provides that the firefighter must have been involved in
firefighting duties as a substantial portion of his or her duties in order for subsection 7
(8) to apply. It also allows firefighters who have been employed for several periods that
add up to the qualifying period to have been taken to be employed for the qualifying
period.