WORKERS COMPENSATION (BUSH FIRE, EMERGENCY AND RESCUE SERVICES) ACT 1987 - SECT 10A
Presumptions relating to certain cancers--firefighters
WORKERS COMPENSATION (BUSH FIRE, EMERGENCY AND RESCUE SERVICES) ACT 1987 - SECT 10A
Presumptions relating to certain cancers--firefighters
10A Presumptions relating to certain cancers--firefighters
(1) In the application of this Act to an eligible volunteer firefighter , it is
presumed (unless the contrary is established) that: (a) the disease contracted
by the worker was contracted in the course of fighting a bush fire , and (b)
the fighting of the bush fire was a contributing factor to the disease. (2)
This section applies to an official fire fighter (an
"eligible volunteer firefighter" ) who: (a) in the capacity of an
official fire fighter , has at any time performed firefighting activities , and
(b) has contracted a disease that is a cancer of a kind specified in Schedule
4 to the Principal Act. (3) This section does not apply to a disease
contracted by an eligible volunteer firefighter if the total aggregate period
during which the eligible volunteer firefighter has served as an
official fire fighter as at the date of injury (
"the service period" ) is less than the qualifying service period specified
for the disease in Schedule 4 to the Principal Act. (4) Any period during
which an eligible volunteer firefighter has been engaged in
firefighting employment is to be counted towards the service period . (5)
However, any period during which the eligible volunteer firefighter
concurrently performs service as an official fire fighter and engages in
firefighting employment is to be counted once only. (6) For the purposes of
the application of section 261 of the 1998 Act to a disease to which a
presumption under this section applies, the period required by that section
for the making of a claim for compensation in respect of the disease is taken
to commence on the date of injury in relation to the disease (regardless of
when the eligible volunteer firefighter or any other person first became aware
of the disease). (7) In this section:
"date of injury" , in relation to a disease, means the date of whichever of
the following occurs first: (a) the disease is first diagnosed by a medical
practitioner, (b) the official fire fighter dies as a result of the disease.
"firefighting activities" and
"firefighting employment" have the same meanings as in section 19A of the
Principal Act.
http://www.austlii.edu.au/au/legis/nsw/consol_act/wcfearsa1987594/s10a.html