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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 (Fair Protection for Firefighters)
Amendment Bill 2012
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Part 3 Division 3A inserted 2
Division 3A -- Industrial diseases for firefighters
48A. When employment as a firefighter is taken
to contribute to contraction of disease 2
5. Schedule 3A inserted 3
Schedule 3A -- Industrial diseases for firefighters
264--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Ms Quirk MLA)
Workers' Compensation and Injury
Management (Fair Protection for Firefighters)
Amendment Bill 2012
A Bill for
An Act to amend provisions in the Workers' Compensation and Injury
Management Act 1981 relating to injuries sustained by firefighters,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Workers' Compensation and Injury Management (Fair Protection for
Firefighters) Amendment Bill 2012
s. 1
1 1. Short title
2 This is the Workers' Compensation and Injury Management
3 (Fair Protection for Firefighters) Amendment Act 2012.
4 2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
6 3. Act amended
7 This Act amends the Workers' Compensation and Injury
8 Management Act 1981.
9 4. Part 3 Division 3A inserted
10 After section 48 insert:
11 Division 3A -- Industrial diseases for
12 firefighters
13 48A. When employment as a firefighter is taken to
14 contribute to contraction of disease
15 (1) If a worker:
16 (a) suffers a disease mentioned in the table set out
17 in Schedule 3A; and
18 (b) before the disease was sustained, was employed
19 as a firefighter for the qualifying period
20 mentioned for that disease; and
21 (c) was exposed to the hazards of a fire scene
22 during that period; and
23 (d) in the case of a cancer of a kind covered by
24 item 13 of the table set out in Schedule 3A --
25 satisfies the conditions (if any) prescribed for
26 such a cancer,
page 2
Workers' Compensation and Injury Management (Fair Protection for
Firefighters) Amendment Bill 2012
s. 5
1 the employment is, for the purposes of this Act, taken
2 to have contributed, to a significant degree, to the
3 contraction of the disease, unless the contrary is
4 established.
5 (2) For the purposes of subsection (1):
6 (a) a worker is taken to have been employed if he
7 or she is employed under an industrial
8 agreement or award applicable to fire fighting;
9 (b) a worker who was employed as a firefighter for
10 2 or more periods that add up to the qualifying
11 period is taken to have been so employed for
12 the qualifying period; and
13 (c) a worker is taken to have been employed as a
14 firefighter only if he or she was employed as a
15 firefighter by the State, a State authority, a
16 Department, a company or a licensed
17 corporation.
18 (3) Subsection (1) does not limit, and is not limited by
19 subsection (2).
20 5. Schedule 3A inserted
21 After Schedule 3 insert:
22 Schedule 3A -- Industrial diseases for
23 firefighters
24 [s.48A]
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-Hodgkins lymphoma 15 years
page 3
Workers' Compensation and Injury Management (Fair Protection for
Firefighters) Amendment Bill 2012
s. 5
Column 1 Column 2
Item Disease Qualifying period
5 Primary leukemia 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 for The period prescribed
this table for such a cancer
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