Western Australia
Workers’ Compensation and Injury Management Amendment Act 2013
CONTENTS
1.Short title1
2.Commencement1
3.Act amended1
4.Part III Division 4A inserted1
Division 4A — Injury: specified diseases contracted by firefighters
49A.Terms used1
49B.Application of Division1
49C.When employment as firefighter taken to contribute to specified disease1
49D.Date of injury1
49E.Review of Division1
5.Schedule 4A inserted1
Schedule 4A — Specified diseases for firefighters
Western Australia
Workers’ Compensation and Injury Management Amendment Act 2013
An Act to amend the Workers’ Compensation and Injury Management Act 1981.
[Assented to 12 November 2013]
The Parliament of Western Australia enacts as follows:
This is the Workers’ Compensation and Injury Management Amendment Act 2013.
This Act comes into operation as follows —
(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on the day after that day.
This Act amends the Workers’ Compensation and Injury Management Act 1981.
4.Part III Division 4A inserted
After section 48 insert:
Division 4A — Injury: specified diseases contracted by firefighters
In this Division —
date of injury has the meaning given in section 49D(1);
qualifying period, for a specified disease, means the period specified in Schedule 4A column 2 opposite the specified disease;
specified disease means a disease specified in Schedule 4A column 1.
This Division applies to a worker who has contracted a specified disease if —
(a)the date of injury is on or after the day on which the Workers’ Compensation and Injury Management Amendment Act 2013 section 4 comes into operation; and
(b)on the date of injury the worker is a member or officer of a permanent fire brigade established under the Fire Brigades Act 1942.
49C.When employment as firefighter taken to contribute to specified disease
(1)If a worker to whom this Division applies —
(a)before the date of injury, was employed as a firefighter for at least the qualifying period for the specified disease; and
(b)was exposed to the hazards of a fire scene in the course of the employment; and
(c)in the case of a cancer of a kind mentioned in Schedule 4A item 13, satisfies the conditions (if any) prescribed by the regulations for such a cancer,
the employment is, for the purposes of this Act, taken to have been a contributing factor and to have contributed to a significant degree to the specified disease, unless the employer proves the contrary.
(2)A worker who was employed as a firefighter for 2 or more periods that in aggregate equal or exceed the qualifying period for a specified disease is taken to have been employed as a firefighter for at least that qualifying period.
(3)For the purposes of this section, a worker was employed as a firefighter if —
(a)the worker was a member or officer of a permanent fire brigade established under the Fire Brigades Act 1942; and
(b)firefighting duties made up a substantial portion of the worker’s duties.
(1)The date of injury, in relation to a worker who has contracted a specified disease, is the earlier of these days —
(a)the day on which the worker becomes totally or partially incapacitated for work by reason of the specified disease;
(b)the day on which the worker is first diagnosed by a medical practitioner as having contracted the specified disease.
(2)If, for the purposes of this Act, it is necessary to determine, in the case of a worker to whom this Division applies, when the worker’s injury occurred, the injury is taken to have occurred on the date of injury as described in subsection (1).
(1)The Minister must carry out a review of the operation and effectiveness of this Division as soon as practicable after every 5th anniversary of the day on which the Workers’ Compensation and Injury Management Amendment Act 2013 section 4 comes into operation.
(2)The Minister must prepare a report based on the review and, as soon as practicable after the report is prepared, cause it to be laid before each House of Parliament.
After Schedule 3 insert:
Schedule 4A — Specified diseases for firefighters
[s. 49A and 49C(1)(c)]
|
|
Column 1 |
Column 2 |
|
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‑Hodgkin’s lymphoma |
15 years |
|
5. |
Primary leukaemia |
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 by the regulations for the purposes of this Schedule |
The period prescribed by the regulations for such a cancer |
