Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 No. 75 of 1988 - SECT 7

7. (1) Where:

   (a)  an employee has suffered, or is suffering, from a disease or the death
        of an employee results from a disease;

   (b)  the disease is of a kind specified by the Minister by notice in
        writing as a disease related to employment of a kind specified in the
        notice; and

   (c)  the employee was, at any time before symptoms of the disease first
        became apparent, engaged by the Commonwealth in employment of that
        kind; the employment in which the employee was so engaged shall, for
        the purposes of this Act, be taken to have contributed in a material
        degree to the contraction of the disease, unless the contrary is
        established.

(2) Where an employee contracts a disease, any employment in which he or she
was engaged by the Commonwealth at any time before symptoms of the disease
first became apparent shall, unless the contrary is established, be taken, for
the purposes of this Act, to have contributed in a material degree to the
contraction of the disease if the incidence of that disease among persons who
have engaged in such employment is significantly greater than the incidence of
the disease among persons who have engaged in other employment in the place
where the employee is ordinarily employed.

(3) Where an employee suffers an aggravation of a disease, any employment in
which he or she was engaged by the Commonwealth at any time before symptoms of
the aggravation first became apparent shall, unless the contrary is
established, be taken, for the purposes of this Act, to have contributed in a
material degree to the aggravation if the incidence of the aggravation of that
disease among persons suffering from it who have engaged in such employment is
significantly greater than the incidence of the aggravation of that disease
among persons suffering from it who have engaged in other employment in the
place where the employee was ordinarily employed.

(4) For the purposes of this Act, an employee shall be taken to have sustained
an injury, being a disease, or an aggravation of a disease, on the day when:

   (a)  the employee first sought medical treatment for the disease, or
        aggravation; or

   (b)  the disease or aggravation resulted in the death of the employee or
        first resulted in the incapacity for work, or impairment of the
        employee; whichever happens first.

(5) The death of an employee shall be taken, for the purposes of this Act, to
have resulted from a disease or an aggravation of a disease, if, but for that
disease or aggravation, as the case may be, the death of the employee would
have occurred at a significantly later time.

(6) An incapacity for work or impairment of an employee shall be taken, for
the purposes of this Act, to have resulted from a disease, or an aggravation
of a disease, if, but for that disease or aggravation, as the case may be:

   (a)  the incapacity or impairment would not have occurred;

   (b)  the incapacity would have commenced, or the impairment would have
        occurred, at a significantly later time; or

   (c)  the extent of the incapacity or impairment would have been
        significantly less.

(7) A disease suffered by an employee, or an aggravation of such a disease,
shall not be taken to be an injury to the employee for the purposes of this
Act if the employee has at any time, for purposes connected with his or her
employment or proposed employment by the Commonwealth, made a wilful and false
representation that he or she did not suffer, or had not previously suffered,
from that disease.