REPORT INTO THE REFERRAL OF THE WORKERS REHABILITATION AND COMPENSATION (SACFS FIREFIGHTERS) AMENDMENT BILL

Transcription

1 Pp186 REPORT REPORT INTO THE REFERRAL OF THE WORKERS REHABILITATION AND COMPENSATION (SACFS FIREFIGHTERS) AMENDMENT BILL 19TH REPORT OF THE PARLIAMENTARY COMMITTEE ON OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION 53rd Parliament

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3 CONTENTS EXECUTIVE SUMMARY 1 1. OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION COMMITTEE Preamble 3 2. COMMITTEE MEMBERSHIP AND FUNCTIONS Members of the Committee Committee Staffing Functions of the Committee References Ministerial Responses 4 3. MOTION 5 4. HISTORY OF THE BILL & RELATED DEBATES SAMFS Bill Taylor Fry Report SACFS Bill Firefighters Bill Referral by House of Assembly Announcement by Deputy Premier Legislative Amendments 7 5. DISCUSSION Australian Firefighters' Health Study 9 6. CONCLUSION BIBLIOGRAPHY 11 APPENDIX 1 Workers Rehabilitation and Compensation (SACFS) Amendment Bill APPENDIX 2 Workers Rehabilitation and Compensation Act 1986 (S31) 17 APPENDIX 3 Return to Work Act 2014 (Schedule 1) 19 Page i

4 EXECUTIVE SUM MARY This report is in response to the referral from the House of Assembly on 16 October 2014, in which the Hon Tom Kenyon moved: "That all words after 'be' be left out and the words 'withdrawn and referred to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation for its report and recommendation' be inserted in lieu thereof". The Workers Rehabilitation and Compensation (SACFS) Amendment Bill was introduced by the Hon Tammy Franks on 7 May 2014 to provide volunteer firefighters with the same presumptive protection for 12 specified cancers as is already available to career firefighters, without the need for them to prove which carcinogen, toxin or hazard of a fire scene they had been exposed to during their volunteer firefighting career. The Bill provides that a CFS volunteer firefighter's cancer is taken to have been work related unless there is evidence to the contrary. Firefighters are usually the first responders in the event of fire or other emergency situations and while many of us run away from danger, these brave, highly respected men and women run toward it. It is a sad reality that while protecting the community from fire, chemical spills and other emergencies, firefighters put their own safety at risk. We hear news reports about injuries and fatalities arising from the work performed by firefighters but we don't hear a lot about longer term risks such as cancer. Firefighters can be exposed to contaminants from fires that are known or suspected to cause cancer. These contaminants include combustion by-products such as benzene and formaldehyde, and materials in debris such as asbestos from older structures. Research findings in the United States recently revealed that firefighters had mesothelioma at twice the rate of the American population as whole. The cause is likely to be related to exposure to asbestos. In 2011 the Commonwealth Government introduced legislation to provide presumptive protection for career firefighters who contracted any one of 12 specified cancers. A Senate inquiry found that while there was sufficient evidence to provide presumptive protection for career firefighters there was insufficient evidence to provide the same protection for volunteer firefighters. But internationally many countries including Canada provide the same presumptive protection for volunteer firefighters as for career firefighters. In Australia, while the debate continues in some States, Tasmania and Western Australia have legislated to provide volunteer firefighters with presumptive protection in the event that they contract one of the 12 specified cancers. International research has demonstrated very clear links between the work that firefighters perform and cancer. They are at greater risk than the rest of the community in contracting 12 specific cancers including brain cancer, bladder cancer, kidney cancer and leukemia to name a few. In October 2014, the Deputy Premier together with the Minister for Emergency Services announced that volunteer firefighters would immediately be provided with the same presumptive protection as their career counterparts. The Workers Rehabilitation and Compensation (SACFS) Amendment Bill has now been superseded by the changes made as a result of this announcement. Section 31 of the Workers Rehabilitation and Compensation Act 1986 and Schedule 3 of the Return to Work Act 2014 (which has not yet commenced) have been amended to provide presumptive protection for volunteer firefighters who contract one of the 12 prescribed cancers. But their entitlements are time limited. Career firefighter may make a workers Page i

5 compensation claim for cancer at any time after ceasing operational activities, while volunteer firefighters who ceased operational activities 10 years earlier no longer retain this entitlement. This restriction is likely to make it more difficult for volunteer firefighters to prove the connection between their cancer and their previous work as a volunteer firefighter in the event that they contract a cancer of exceptionally long latency. Monash University recently released a report on a retrospective study of the mortality and cancer incidence in Australian firefighters. The report, which was funded by the Australian Fire and Emergency Service Authorities Council (AFAC) was prompted by overseas research which identified excesses in several types of cancer in firefighters. The Australian study examined the work, incident and medical information relating to male and female career, part-time and volunteer firefighters. In relation to male volunteer firefighters, the researchers found that they had a significantly increased risk of dying in a fire and had a significantly elevated risk of contracting some cancers compared to the Australian population. The health data on female volunteer firefighters was statistically more difficult to analyse because of the low number of deaths or cancer cases. But it was noted that there was an increased risk of accidental death compared to the Australian population as well as an increased risk of melanomas and colorectal cancer. While the report found the firefighters are a healthier cohort than the general population, length of service as firefighters can increase the risk of contracting cancer. However, Monash University reported that risk estimates were uncertain and should be interpreted cautiously. They recommended a follow up in five years. Of concern to the research study findings was the lack of available data on occupationally related mesothelioma, which has an extremely long latency period. Mesothelioma has been found to be twice as common in US firefighters compared to the US population and is likely to be due to exposure to asbestos. Monash University researchers consider this area to be worthy of further investigation and research. Hon Steph Key MP Presiding Member Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation Date. / /2015 Page i

6 1. OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION COMMITTEE 1.1 Preamble This is the 19th report of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation (the Committee) and is in response to a referral from the House of Assembly in relation to the Workers Rehabilitation and Compensation (SACFS)) Amendment Bill 2014 (SACFS Bill). The SACFS Bill, which was introduced into the Legislative Council by the Hon Tammy Franks on 7 May 2014 adds a presumption into the Workers Rehabilitation and Compensation Act 1986 that: 'if a volunteer fire fighter suffers from one of the 12 prescribed primary site cancers and they have been exposed to carcinogens, toxins, or hazards of a fire scene for a significant part of their volunteer service, then their cancer is presumed to be caused because of their duty as a firefighter.' (Franks T., 2014) 2. COMMITTEE MEMBERSHIP AND FUNCTIONS 2.1 Members of the Committee The Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation is established pursuant to sections 15D of the Parliamentary Committees Act Following the March 2014 State election, the Sixth Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation was constituted with the following Membership: Hon Steph Key, MP (Presiding Member) Ms Nat Cook MP (Feb ) Mr Stephan Knoll, MP Hon Gerry Kandelaars, MLC Hon John Dawkins, MLC Hon John Darley, MLC Ms Katrine Hildyard, MP (May 2014-Feb 2015) 2.2 Committee Staffing The Committee is supported by Ms Susan Sedivy, Executive Officer who was appointed on 5 November Page 1

7 2.3 Functions of the Committee Section 15F of the Parliamentary Committees Act 1991 defines the functions of the Occupational Safety, Rehabilitation and Compensation Committee as: (a) to keep the administration and operation of the Occupational Health, Safety and Welfare Act 1986, the Workers Rehabilitation and Compensation Act 1986, and other legislation affecting occupational health, safety or welfare, or occupational rehabilitation or compensation under continuous review; and (b) to examine and make recommendations to the Executive and Parliament about proposed regulations under any of the legislation mentioned in paragraph (a), and in particular regulations that may allow for the performance of statutory functions by private bodies or persons; and (c) to perform other functions assigned to the Committee by this or any other Act or by resolution of either House of Parliament. 2.4 References Pursuant to Section 16 subsection (1) of the Parliamentary Committees Act 1991, any matter that is relevant to the functions of the Committee may be referred to the Committee: by resolution of the House of Assembly; by the Governor, by notice published in the Gazette; of the Committee's own motion. 2.5 Ministerial Responses Pursuant to Section 19 of the Parliamentary Committees Act 1991, any recommendations directed to a Minister of the Crown require a response from that Minister within four months. This response must include statements as to: which (if any) recommendations of the Committee will be carried out and the manner in which they will be carried out; and which (if any) recommendations will not be carried out and the reasons for not carrying them out. Page 2

8 The Minister must cause a copy of the response to the Committee's report to be laid before the Committee's appointing House within six sitting days after it is made. 3. MOTION On 16 October 2014 the Hon T.R. Kenyon moved: "That all words after 'be' be left out and the words 'withdrawn and referred to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation for its report and recommendation' be inserted in lieu thereof" The motion was resolved in the affirmative, following which the Bill was withdrawn (Kenyon, 2014). Pursuant to Section 16 subsection (1) of the Parliamentary Committees Act 1991, the consideration of the Workers Rehabilitation and Compensation (SACFS Firefighters) Amendment Bill was referred to the Committee and was received on 17 October HISTORY OF THE BILL & RELATED DEBATES 4.1 SAMFS Bill On the 19 June 2013 the Deputy Premier introduced the Workers Rehabilitation and Compensation (SAMFS Firefighters) Amendment Bill 2013 into Parliament. The Bill provided protection for career firefighters who he stated 'are exposed to higher cancer risks as a result of their work. They are also at greater risk of developing certain types of cancer due to their direct exposure to carcinogens released by combusting materials' (Rau J.,2013). The SAMFS Firefighters Bill gave South Australian Metropolitan Fire Service (SAMFS) firefighters, including retained firefighters, who contract any of 12 specified cancers listed in Schedule 2A of the Workers Rehabilitation and Compensation Act 1986, entitlement to workers compensation without having to prove that the cancer arose specifically from their employment with SAMFS, subject to qualifying periods listed in the Schedule (Rau J., 2013). Limited protection was provided to volunteer firefighters who were exposed to hazards of a fire scene or away from the fire scene but firefighters had to be exposed to the hazards 'at least 175 times in any five year period during that employment' (Rau J., Workers Rehabilitation and Compensation (SAMFS Firefighters) Amendment Bill 2013, 2013) 4.2 Taylor Fry Report On 25 November 2013, the Hon Gail Gago tabled a report from Taylor Fry dated 15 February 2013 in the Legislative Council. Taylor Fry's report provided a costing of changes to the Workers Rehabilitation and Compensation Act and Regulations in relation to firefighters who contract specific cancers. The report estimated the cost of the changes under four scenarios: Page 3

9 metropolitan firefighters only with no qualifying periods metropolitan firefighters only with qualifying periods metropolitan and country fire fighters with no qualifying periods metropolitan and country fire fighters with qualifying periods 4.3 SACFS Bill In response to the Deputy Premier's Bill, the Hon Tammy Franks introduced the Workers Rehabilitation and Compensation (SACFS) Amendment Bill to the Legislative Council on 7 May The Bill sought to amend "section 31 Evidentiary provisions" to provide volunteer firefighters with the same entitlements as SAMFS firefighters (Franks T., 2014). The purpose of the Bill was to ensure that volunteer firefighters are provided with presumptive protection if they contracted one of the 12 specified cancers, without the need to prove where or how they contracted the cancer. The cancer should be presumed work related unless the contrary could be proved (Franks T.,2014). 4.4 Firefighters Bill The Workers Rehabilitation and Compensation (Firefighters) Amendment Bill 2014 was tabled in the House of Assembly on 22 May 2014 by the Member for Morphett (Dr McFetridge) who introduced the Bill to also amend section 31 Evidentiary Provisions of the Workers Rehabilitation and Compensation Act 1986 in order to bring 'fairness' to the 13,500 South Australian Country Fire Service (SACFS) volunteer firefighters (McFetridge, D, 2014). The Bill was withdrawn on 20th November 2014 (Gardner, 2014). 4.5 Referral by House of Assembly On 16 October 2014 the Workers Rehabilitation and Compensation (SACFS) Amendment Bill was referred to the Committee for its report and recommendation (see item 3 - Motion). 4.6 Announcement by Deputy Premier On 20th October 2014, the Deputy Premier together with the Minister for Emergency Services announced that the State Government had reached an agreement to provide automatic compensation to SACFS volunteer firefighters who are diagnosed with certain types of cancers (Rau J., Agreement reached on CFS cancer compensation laws, 2014). The Deputy Premier announced that the new scheme would provide: Presumptive legislation coverage for operational CFS volunteers who are active members on or after 1 July 2013 The presumption will remain in place for 10 years after a CFS volunteer ceases operational activities The incident threshold will be removed, meaning CFS volunteers will no longer be required to attend 175 incidents over a five year period to qualify. The Deputy Premier stated that `the scheme is funded at $7.8million for the first year, rising to $13.4million in year ten...' (Rau J., Agreement reached on CFS cancer compensation laws, 2014). Page 4

10 4.7 Legislative Amendments The agreed changes referred to by the Deputy Premier and the Minister for Emergency Services were included in the Return to Work Bill which was enacted on 6 November 2014 (Gago, 2014). Amendments were also made to section 31 (2b) of the Workers Rehabilitation and Compensation Act 1986 to reflect the agreed commitment. However, SACFS firefighters' claims for compensation are subject to a time limit of 10 years after cessation of operational activities, while professional firefighters are not subject to any time limitations (Rau, J, 2014). 5. DISCUSSION The Committee has reviewed the Hansard debates from both Houses of Parliament from 19 June 2013 when the SAMFS firefighters Bill was first introduced by the Hon John Rau and the debates by various members on both sides. The Committee also considered the House of Representatives Speech of Mr Adam Bandt MP on 4 July 2011 following which the Commonwealth legislation was introduced for the protection of career firefighters who contract specified cancers. In his speech, Mr Bandt referred to many international studies that have demonstrated clear links between cancer and firefighting, one of which 'was conducted over 15 years and looked at dozens of fire departments and over 110,000 firefighters' (Bandt, 2011). In the House of Assembly on 19 June, 2013 the Deputy Premier stated that: The Workers Rehabilitation and Compensation (SAMFS Firefighters) Amendment Bill 2013 gives additional protection to firefighters exposed to higher cancer risk as a result of their work. Career firefighters are at greater risk of developing certain types of cancer due to their direct exposure to carcinogens released by combusting materials (Rau J., Workers Rehabilitation and Compensation (Firefighters) Amendment (Bill number 156), 2013). He said there is no longer any debate about whether firefighting increases the risk of cancer; words which were echoed by the South Australian Deputy Premier when he introduced similar legislative protections for South Australian Metropolitan Firefighters (Rau J.,2013). The Senate Committee did not accept that volunteer fire fighters would be exposed to the same hazards 'because firefighting does not comprise a substantial portion of their duties, nor would they be able to satisfy the requirements of the qualifying periods' (Bandt, 2011). As a result of the findings and recommendations of the Senate Committee, the Commonwealth Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act 2011 was enacted (Rau J., 2013). The 12 compensable primary site cancers and qualifying periods include: Primary site brain cancer Primary site bladder cancer Primary site kidney cancer Primary non-hodgkins lymphoma 5 years 15 years 15 years 15 years Page 5

11 Primary leukaemia Primary site breast cancer Primary site testicular cancer Primary site prostate cancer Primary site ureter cancer Primary site colorectal cancer Primary site oesophageal cancer 5 years 10 years 10 years 15 years 15 years 15 years 25 years The qualifying periods refer to the period of time that a firefighter has been presumptively employed by a fire service prior to contracting the specified cancerl. Legislative changes that arose from the Workers Rehabilitation and Compensation (SAMFS Firefighters) Amendment Bill (SAMFS Bill) provided career firefighters with presumptive protection. This means that they will not have to prove a connection between their work and one of the prescribed cancers. Pursuant to section 103A of the Workers Rehabilitation and Compensation Act 1986, SACFS volunteers are presumed to be employees of the Crown in the event that they are injured whilst performing firefighting duties. Therefore, the decision to not provide SACFS volunteer firefighters with the same protection as career firefighters appeared inequitable. However, the reasoning behind this decision was said to be based on the lack of available science associated with the frequency and dose of their exposure to hazardous substances. While the Commonwealth Safety, Rehabilitation and Compensation Act 1988 only provides presumptive protection for employed firefighters, some States have enacted legislation that extends presumptive protection to volunteer firefighters. Tasmania was the first State in Australia to enact presumptive legislation to provide entitlements for 300 career firefighters and almost 5,000 volunteer firefighters but retired volunteer firefighters are only covered for 10 years after the last fire incident they attended (O'Byrne, 2013). The Western Australian Government which has had presumptive legislation in place for career firefighters since 2013, has also recently extended protection to volunteer firefighters who will no longer need to prove that employment was a significant contributing factor in contracting one of the prescribed cancers (Kagi, 2014) However, not all Australian States and Territories have adopted presumptive protection for firefighters. For instance, Queensland, New South Wales and Victoria are yet to introduce presumptive legislation (Firefighter Cancer Foundation Australia, 2014). Internationally there is recognition that firefighters are at greater risk of contracting certain cancers due to exposure to hazardous substances. Canada is one of the many countries that provides presumptive protection for fulltime, part-time and volunteer firefighters as well as fire investigators and has recently increased the 1 Workers Rehabilitation and Compensation Act 1986, section 31 (2b)(b). Page 6

12 range of prescribed cancers (OHS Canada, 2014). Firefighters can be exposed to contaminants from fires that are known or suspected to cause cancer. These contaminants include combustion by-products such as benzene and formaldehyde, and materials in debris such as asbestos from older structures. Research findings in the United States recently revealed that firefighters had mesotheliorria at twice the rate of the American population as whole. The cause is likely to be related to exposure to asbestos (Spring, 2013). 5.1 Australian Firefighters' Health Study In the Australian Fire and Emergency Services Authorities Council (AFAC), which comprises participating career and volunteer firefighting agencies from most States and Territories as well as New Zealand, commissioned Monash University to undertake a health study On cancer, mortality and other possible health outcomes in Australian and New Zealand firefighters (Sim, 2014). Similar research has been undertaken in the United States by the Centre for Disease Control and Prevention (Daniels, 2014). The Australian study which was led by occupational hygienist, Associate Professor Deborah Glass, examined the work, incident and medical information relating to male and female career, part-time and volunteer firefighters. Both an internal analysis and external analysis was conducted. The internal analysis compared firefighters with each other while the external analysis compared firefighters to the general population. This approach was taken to counter the 'healthy worker effect' because firefighters are hired because they are healthier than the general population (Glass, 2014). In relation to male volunteer firefighters, the researchers found that they had a significantly increased risk of dying in a fire and had a significantly elevated risk of some cancers compared to the Australian population. The research found that male volunteer firefighters have an overall increased risk of cancer with an increasing duration of service (Glass, 2014). The data on female firefighters was more difficult to compare to the general population because there were so few deaths or cancer cases that meaningful analysis was not possible. However, female volunteer firefighters had an increased risk of accidental death compared to the Australian population, but it was not clear if this related to their work as a volunteer firefighter. For female volunteer firefighters recruited after 1994, there was a statistically significant increased risk of melanomas and colorectal cancer (Glass, 2014). On average volunteer firefighters attended fewer incidents and had a lower 'dose effect relationship' than their career counterparts but the research evidence makes the point that the longer firefighters serve, the greater the risk of dying and of contracting cancer (Glass, 2014). While the report found the firefighters are a healthier cohort than the general population, length of service as firefighters can increase the risk of contracting cancer. However, Monash University reported that risk estimates were uncertain and should be interpreted cautiously. They recommended a follow up in five years. Dr Glass makes the point that mesothelioma has a long latency period so occupationally related cases may not yet be evident. She recommends that this is an area worthy of further investigation and that this particular research should be Page 7

13 repeated in five years when there is likely to be more available data (Glass, 2014). 6. CONCLUSION The Workers Rehabilitation and Compensation (SACFS) Amendment Bill which was introduced into Parliament on 7 May 2014 has since been superseded by a commitment by the Deputy Premier and the Minister for Emergency Services to provide SACFS volunteer firefighters with the same automatic entitlements to compensation to 12 prescribed cancers as career firefighters, without the need for them to prove how and when they may have contracted the cancer. Since the Ministerial announcement, amendments have been made to section 31 of the Workers Rehabilitation and Compensation Act 1986 and to Schedule 3 of the Return to Work Act 2014 (which has not yet commenced). SACFS volunteer firefighters and SAMFS firefighters now have the same presumptive protection in the event that they contract any one of the 12 prescribed cancers. However, volunteer firefighters have a 10 year time limit within which to make a claim after ceasing operational activities, while career firefighters are not prevented from making a claim at any time in the future. This time restriction imposed on volunteer firefighters is likely to preclude some retired volunteer firefighters from making a claim for cancers of extremely long latency, unless they can prove a connection to their previous work as a volunteer firefighter. The Monash University research confirms that volunteer firefighters are at an increased risk of dying in a fire and of contracting some cancers and this risk increases with more time served. Therefore, the prescribed qualification periods should be sufficient to establish a connection to work as a firefighter without the need for further barriers such as time limits. There is a need for ongoing research into this area and as the knowledge associated with this dangerous work increases through collaborative scientific work, legislative protections may need to be amended to reflect the emerging knowledge. Page 8

14 7. BIBLIOGRAPHY Bandt, A. (2011, July 4). House of Representatives Speech. Hansard. Canberra, Australian Capital Territory, Australia: Commonwealth Government. Daniels, R. (2014, July 25). Cancer: Study of Cancer among US Firefighters. Retrieved November 25, 2014, from Centre for Disease Control and Prevention: Firefighter Cancer Foundation Australia. (2014). Firefighters, Occupational Cancers and Presumptive Legislation. Retrieved November 25, 2014, from Firefighter Cancer Foundation Australia: Franks, T. (2014, May 7). Workers Rehabilitation and Compensation (SACFS) Amendment Bill. Hansard, 67. Adelaide, South Australia, Australia: Legislative Council. Franks, T. (2014, May 7). Workers Rehabilitation and Compensation (SACFS) Amendment Bill. Hansard. Adelaide, South Australia, Australia: Legislative Council, South Australian Parliament. Gago, G. (2014, November 6). Acts Assented to. South Australian Government Gazette, Adelaide, South Australia, Australia: South Australian Government. Gardner, J. (2014, November 20). Workers Rehabilitation and Compensation (Firefighters) Amendment Bill. Hansard, Adelaide, South Australia, Australia: House of Assembly. Glass, D. (2014). Australian Firefighters' Health Study: Final Summary Report. Melbourne: Monash University. Kenyon, T. (2014, October 16). Workers Rehabilitation and Compensation (SACFS) Amendment Bill. Hansard, Adelaide, South Australia, Australia: House of Assembly. McFetridge, D. (2014, May 22). Workers Rehabilitation and Compensation (Firefighters) Amendment Bill Hansard, 354. Adelaide, South Australia, Australia: South Australian Parliament. O'Byrne, D. (2013, April 30). Tasmania Leads Nation on Firefighter Support. Government Media Release. Hobart, Tasmania, Australia: Tasmanian Government. Kagi, J. (2014, October 5). Cancer Compensation for WA Volunteer Firefighters as Government Extends Cover. Retrieved November 25, 2014, from ABC News: OHS Canada. (2014, May 12). Ontario announces increase in firefighter cancer coverage. Retrieved November 24, 2014, from OHS Canada: Rau, J. (2014, October 30). Return to Work Bill. Hansard, Adelaide, South Australia, Australia: South Australian Government. Page 9

15 Rau, J. (2013, June 19). Workers Rehabilitation and Compensation (Firefighters) Amendment (Bill number 156). Hansard, Adelaide, South Australia, Australia: South Australian House of Assembly. Rau, J. (2013). Workers Rehabilitation and Compensation (SAMFS Firefighters) Amendment Bill Bill No 156. Adelaide, South Australia, Australia: Parliamentary Counsel. Rau, J. (2013, June 19). Workers Rehabillitation and Compensation (SAMFS Firefighters) Amendment Bill. Hansard, Adelaide, South Australia, Australia: Hansard. Rau, J. (2014, October 20). Agreement reached on CFS cancer compensation laws. News Release. Adelaide, South Australia, Australia: Government of South Australia. Sim, P. M. (2014, June). Australian Firefighters Health Study. Retrieved November 19, 2014, from Monash University, Medicine Nursing and Health Sciences: Spring, C. (2013, October 17). NIOSH Study of Firefighters finds increased rates of cancer. Retrieved from Centre for Disease Control and Prevention: Page 10

16 APPENDIX 1 - Workers Rehabilitation and Compensation (SACFS) Amendment Bill 2014 Page 11

17 Legislative Council No 1 I As introduced and read a first time, 7 May 2014 South Australia Workers Rehabilitation and Compensation (SACFS) Amendment Bill 2014 A BILL FOR An Act to amend the Workers Rehabilitation and Compensation Act LC GP 173-B: the Hon Tammy Franks MLC 12

18 Contents Part 1 Preliminary 1 Short title 2 Commencement 3 Amendment provisions Workers Rehabilitation and Compensation (SACFS) Amendment Bill 2014 Contents Part 2 Amendment of Workers Rehabilitation and Compensation Act Amendment of section 31 Evidentiary provision 5 Amendment of section 103A Special provision for prescribed classes of volunteers The Parliament of South Australia enacts as follows: Part 1 Preliminary 1 Short title This Act may be cited as the Workers Rehabilitation and Compensation (SACFS) 5 Amendment Act Commencement This Act will be taken to have come into operation on 1 July Amendment provisions In this Act, a provision under a heading referring to the amendment of a specified Act 10 amends the Act so specified. Part 2 Amendment of Workers Rehabilitation and Compensation Act Amendment of section 31 Evidentiary provision (1) Section 31(2a)(c) after "(SAMFS)" insert: 15 or the South Australian Country Fire Service (SACFS) (2) Section 31(2a) delete "employment by SAMFS" and substitute: that employment (3) Section 31(2b) delete subsection (2b) (4) Section 31(3)(b) delete "subsections (2a) and (2b)" and substitute: 20 subsection (2a) (5) Section 31(4b) delete subsection (4b) LC GP 173-B: the Hon Tammy Franks MLC 13

19 Workers Rehabilitation and Compensation (SACFS) Amendment BM 2014 Amendment of Workers Rehabilitation and Compensation Act 1986 Part 2 5 Amendment of section 103A Special provision for prescribed classes of volunteers Section 103A after subsection (2) insert: (3) In this section- 5 person of a prescribed class means (a) a member of SACFS (within the meaning of the Fire and Emergency Services Act 2005) who receives no remuneration in respect of his or her service in that capacity; and 10 (b) any other person of a class prescribed by the regulations for the purposes of this definition; work of a prescribed class means (a) in relation to a person who is a member of SACFS (i) any activity directed towards 15 (A) preventing, controlling or extinguishing a fire; or (B) dealing with any other emergency that requires SACFS to act to protect life, property or the environment; or 20 (ii) attending in response to a call for assistance by SACFS; or (iii) attending an SACFS meeting, competition, training exercise or other organised activity; or (iv) any other activity carried out in relation to the 25 functions of SACFS under the Fire and Emergency Services Act 2005; or (b) in any other case work of a class prescribed by the regulations for the purposes of this definition. LC GP 173-B: the Hon Tammy Franks MLC 14

20 APPENDIX 2 - Workers Rehabilitation and Compensation Act 1986 (S31) 15

21 31 Evidentiary provision (1) Subject to this section, an injury is not compensable unless it is established on the balance of probabilities that it arises from employment. (2) If a worker suffers an injury of a kind referred to in the first column of Schedule 2 and 5 has been employed in work of a type referred to in the second column of Schedule 2 opposite the injury, the worker's injury is presumed, in the absence of proof to the contrary, to have arisen from that employment. (2b)If (a) a worker suffers an injury of a kind referred to in the first column of 10 Schedule 2A; and (b) the worker was a member of the South Australian Country Fire Service (SACFS) presumptively employed by the Crown as a firefighter (i) on or after 1 July 2013; and (ii) before the injury occurred; and 15 (iii) for the qualifying period referred to in the second column of Schedule 2A opposite the injury; and (c)the injury occurred (i) on or after 1 July 2013; and (ii) in the case of a worker who is no longer a member of SACFS 20 presumptively employed by the Crown as a firefighter no more than 10 years after the cessation of that presumptive employment; and (d) during the qualifying period referred to in paragraph (b)(iii), the worker was exposed to the hazards of a fire scene (including exposure to a hazard of the 25 fire that occurred away from the scene), the worker's injury is presumed, in the absence of proof to the contrary, to have arisen from his or her presumptive employment by the Crown

22 APPENDIX 3 - Return to Work Act 2014 (Schedule 1) 5 17

23 Return to Work Act 2014 Schedule 1 Presumptive employment 1 Presumptive employment (1) The Crown is the presumptive employer of persons of a prescribed class who voluntarily perform work of a prescribed class that is of benefit to the State (and the 5 Crown therefore has the liabilities of a self-insured employer in relation to persons of that class). (2) Where a person of a class prescribed under subclause (1) suffers a work injury while performing the work to which the prescription relates (a) the question of whether and, if so, to what extent the person is incapacitated 10 for work must be determined according to the employment (including self-employment) in which the person was otherwise engaged at the commencement of the incapacity or, if the person was not then engaged in other employment, by reference to employment for which he or she was then reasonably fitted; and 15 (b) subject to paragraph (c), the average weekly earnings of the person must be determined (i) if the person was self-employed, by reference to the remuneration that the person would have received if he or she had been doing the same work in employment; or 20 (ii) if the person was not employed, by reference to the remuneration that the person would have received if he or she had been working in employment for which he or she was reasonably fitted, 25 (c) where and if there is an award or industrial agreement applicable to that class of employment, by reference to that award or agreement; and (i) (ii) the person dies; and a claim for compensation is made by a person claiming to be a dependant of the deceased; and (iii) the deceased and the claimant were both members of a partnership or 30 proprietary company and the predominant work of the deceased before the date of death was in the business of that partnership or company, then for the purposes of determining whether the claimant was a dependant of the deceased and, if so, the extent of the dependency, any income derived by 35 the claimant from the partnership or company during the deceased's lifetime will (to the extent that the income is attributable to the deceased's work on behalf of the partnership or company) be taken to be an allowance made by the deceased, out of the deceased's own income, for the maintenance of the claimant. 40 (3) For the purposes of this clause (a) each of the following is a prescribed class of persons: 18

24 Return to Work Act 2014 (b) (i) (ii) members of SACFS who voluntarily perform work in connection with that membership; other persons of a class prescribed by the regulations; and work of a prescribed class is constituted by- 5 (i) in relation to a member of SACFS under paragraph (a)(i) (A) any activity directed towards preventing, controlling or extinguishing a fire, or dealing with any other emergency that requires SACFS to act to protect life, property or the environment; or 1 0 (B) attending in response to a call for assistance by SACFS; or (C) attending a SACFS meeting, competition, training exercise or other organised activity; or (D) any other activity carried out in relation to the functions of SACFS under the Fire and Emergency Services Act 2005; 15 and (ii) other work of a class prescribed by the regulations. 19