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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Workers' Compensation and Injury
Management Amendment Bill 2013
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Part III Division 4A inserted 2
Division 4A -- Injury: specified diseases contracted
by firefighters
49A. Terms used 2
49B. Application of Division 3
49C. When employment as firefighter taken to
contribute to specified disease 3
49D. Date of injury 4
49E. Review of Division 4
5. Schedule 4A inserted 5
Schedule 4A -- Specified diseases for firefighters
25--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Workers' Compensation and Injury
Management Amendment Bill 2013
A Bill for
An Act to amend the Workers' Compensation and Injury Management
Act 1981.
The Parliament of Western Australia enacts as follows:
page 1
Workers' Compensation and Injury Management Amendment Bill 2013
s. 1
1 1. Short title
2 This is the Workers' Compensation and Injury Management
3 Amendment Act 2013.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Act amended
10 This Act amends the Workers' Compensation and Injury
11 Management Act 1981.
12 4. Part III Division 4A inserted
13 After section 48 insert:
14
15 Division 4A -- Injury: specified diseases contracted
16 by firefighters
17 49A. Terms used
18 In this Division --
19 date of injury has the meaning given in section 49D(1);
20 qualifying period, for a specified disease, means the
21 period specified in Schedule 4A column 2 opposite the
22 specified disease;
23 specified disease means a disease specified in
24 Schedule 4A column 1.
page 2
Workers' Compensation and Injury Management Amendment Bill 2013
s. 4
1 49B. Application of Division
2 This Division applies to a worker who has contracted a
3 specified disease if --
4 (a) the date of injury is on or after the day on
5 which the Workers' Compensation and Injury
6 Management Amendment Act 2013 section 4
7 comes into operation; and
8 (b) on the date of injury the worker is a member or
9 officer of a permanent fire brigade established
10 under the Fire Brigades Act 1942.
11 49C. When employment as firefighter taken to contribute
12 to specified disease
13 (1) If a worker to whom this Division applies --
14 (a) before the date of injury, was employed as a
15 firefighter for at least the qualifying period for
16 the specified disease; and
17 (b) was exposed to the hazards of a fire scene in
18 the course of the employment; and
19 (c) in the case of a cancer of a kind mentioned in
20 Schedule 4A item 13, satisfies the conditions (if
21 any) prescribed by the regulations for such a
22 cancer,
23 the employment is, for the purposes of this Act, taken
24 to have been a contributing factor and to have
25 contributed to a significant degree to the specified
26 disease, unless the employer proves the contrary.
27 (2) A worker who was employed as a firefighter for 2 or
28 more periods that in aggregate equal or exceed the
29 qualifying period for a specified disease is taken to
30 have been employed as a firefighter for at least that
31 qualifying period.
page 3
Workers' Compensation and Injury Management Amendment Bill 2013
s. 4
1 (3) For the purposes of this section, a worker was
2 employed as a firefighter if --
3 (a) the worker was a member or officer of a
4 permanent fire brigade established under the
5 Fire Brigades Act 1942; and
6 (b) firefighting duties made up a substantial portion
7 of the worker's duties.
8 49D. Date of injury
9 (1) The date of injury, in relation to a worker who has
10 contracted a specified disease, is the earlier of these
11 days --
12 (a) the day on which the worker becomes totally or
13 partially incapacitated for work by reason of the
14 specified disease;
15 (b) the day on which the worker is first diagnosed
16 by a medical practitioner as having contracted
17 the specified disease.
18 (2) If, for the purposes of this Act, it is necessary to
19 determine, in the case of a worker to whom this
20 Division applies, when the worker's injury occurred,
21 the injury is taken to have occurred on the date of
22 injury as described in subsection (1).
23 49E. Review of Division
24 (1) The Minister must carry out a review of the operation
25 and effectiveness of this Division as soon as
26 practicable after every 5th anniversary of the day on
27 which the Workers' Compensation and Injury
28 Management Amendment Act 2013 section 4 comes
29 into operation.
page 4
Workers' Compensation and Injury Management Amendment Bill 2013
s. 5
1 (2) The Minister must prepare a report based on the review
2 and, as soon as practicable after the report is prepared,
3 cause it to be laid before each House of Parliament.
4
5 5. Schedule 4A inserted
6 After Schedule 3 insert:
7
8 Schedule 4A -- Specified diseases for firefighters
9 [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
page 5
Workers' Compensation and Injury Management Amendment Bill 2013
s. 5
Column 1 Column 2
Item Disease Qualifying period
13. A cancer of a kind prescribed by The period prescribed
the regulations for the purposes of by the regulations for
this Schedule such a cancer
1
2
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