(1)  Subject to section 25(2) , where –

(a) a worker suffers an injury –

(i) that is a disease referred to in column 1 of Schedule 5 ; and

(ii) that occurs on or after the day on which this section commences; and

(b) the injury occurs during a period in which the worker is employed as a fire-fighter or within the 10-year period after the worker ceases to be employed as a fire-fighter; and

(c) before the date on which the injury that is a disease referred to in column 1 of Schedule 5 occurred, the worker is employed as a fire-fighter for at least the period specified in column 2 of Schedule 5 opposite the disease –

(d) .  .  .  .  .  .  .  .  

the worker's employment as a fire-fighter is, in the absence of evidence to the contrary, taken to have contributed to a substantial degree to that injury.

(2)  For the purposes of this section –

(a) a person is employed as a fire-fighter if the person is employed as a career fire-fighter or an occupational fire-fighter or is engaged as a volunteer fire-fighter; and

(b) a reference to employment as a fire-fighter includes a reference to engagement as a volunteer fire-fighter; and

(c) a reference to a period of employment of a worker as a fire-fighter includes a reference to a period –

(i) beginning on the first day on which the worker is a volunteer fire-fighter; and

(ii) ending on the last day, before the worker suffers an injury to which this section relates, on which the worker is a volunteer fire-fighter.

(3)  For the purposes of determining a period under subsection (1)(c) , all periods of employment of a worker as a fire-fighter are to be combined.

(4)  .  .  .  .  .  .  .  .  

(5)  Despite section 3(5) , where a worker suffers an injury that is a disease, the injury is, for the purposes of this section, to be taken to have occurred on the day on which the worker –

(a) is first diagnosed as suffering from the disease; or

(b) becomes partially or totally incapacitated by reason of the disease; or

(c) dies by reason of the disease –

whichever occurs first.

(6)  Despite the amendments to this section made by the Workers Rehabilitation and Compensation Amendment (Presumption of Cause of Disease) Act 2017 , this section, as in force immediately before that Act commences, applies to an injury if the injury is to be taken to have occurred, in accordance with subsection (5) , before 31 October 2017.

(6A)  This section, as amended by the Workers Rehabilitation and Compensation Amendment (Presumption of Cause of Disease) Act 2017 , applies to an injury if the injury is to be taken to have occurred, in accordance with subsection (5) , on or after 31 October 2017.

(6B)  This section, as amended by the Workers Rehabilitation and Compensation Amendment Act 2022 , applies to an injury if the injury is to be taken to have occurred, in accordance with subsection (5) , on or after the day on which that Act commences.

(7)  The regulations may amend Schedule 5 by –

(a) varying or rescinding any matter set out in the Schedule; or

(b) adding a disease and a period to the Schedule.

(7A)  For the avoidance of doubt, the amendment of Schedule 5 by a provision of an Act does not prevent the further amendment of that Schedule by regulations that are made in accordance with subsection (7) .

(8)  In this section –

career fire-fighter means a worker who –

(a) is appointed or employed in accordance with section 24 of the Fire Service Act 1979 ; and

(b) who occupies, or has occupied, during such an appointment or employment (whether or not for the whole period of such appointment or employment), a position classified as a "fire-fighter" , "station officer" , "senior station officer" or "district officer" under the industrial award that relates from time to time to persons carrying out fire-fighting operations;

Chief Officer has the same meaning as it has in the Fire Service Act 1979 ;

fire-fighter means –

(a) a career fire-fighter; and

(b) a volunteer fire-fighter; and

(c) an occupational fire-fighter;

fire-fighting operations  –

(a) in relation to a volunteer fire-fighter or an occupational fire-fighter, has the same meaning as it has in section 5(3) and as if a reference in section 5(3) to training included any meeting, competition, or demonstration, related to the prevention, control or extinguishment of fires; or

(b) in relation to a career fire-fighter, has the same meaning as it has in the Fire Service Act 1979 ;

fire prevention operations has the same meaning as it has in section 5(3) and as if a reference in section 5(3) to training included any meeting, competition, or demonstration, related to the prevention, control or extinguishment of fires;

occupational fire-fighter means –

(a) a person who is –

(i) a State Service employee, or State Service officer, employed in an Agency, within the meaning of the State Service Act 2000 , a significant function of which is to manage forests or parks; or

(ii) an employee of a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995 , a significant function of which is to manage forests or parks –

and who is employed, in whole or in part, in the Agency or Government Business Enterprise, to perform fire-fighting operations or fire prevention operations, or who engages, during his or her employment in the Agency or Government Business Enterprise, in fire-fighting operations or in fire prevention operations, that are related to forests or parks; or

(b) a State Service employee or State Service officer, other than a career fire-fighter, who –

(i) is appointed or employed in accordance with section 24 of the Fire Service Act 1979 ; and

(ii) in the course of such an appointment or employment, engages in fire-fighting operations or fire prevention operations in relation to bushfires;

volunteer fire-fighter means a person who, otherwise than under a contract for services, a contract of service, or a training agreement, with –

(a) the Secretary of the responsible Department in relation to the Fire Service Act 1979 ; or

(b) the State Fire Commission; or

(c) any brigade within the meaning of the Fire Service Act 1979  –

engages in fire-fighting operations, or fire prevention operations, with the consent of, under the authority of, or in co-operation with, a person or body referred to in paragraph (a) , (b) or (c) .