Workers Compensation Act 1987

An eligibility provision extends to a disease contracted by a firefighter in relation to which either of the following occurred before the commencement of the eligibility provision (an existing disease)—

the disease was first diagnosed by a medical practitioner,

the firefighter died as a result of the disease.

However, an eligibility provision does not extend to a disease contracted before 27 September 2018 unless—

a claim for compensation is made under the relevant compensation Act in respect of the disease before the commencement of the eligibility provision, and

liability for the claim has been denied, and the grounds on which liability has been denied include that the disease was not contracted in the course of the worker’s employment or that the employment was not a contributing factor, or a substantial contributing factor, to contracting the disease.

For the purposes of the application of an eligibility provision to an existing disease, the date of injury in relation to the disease is taken to be the date on which the provision commences.

A further claim for compensation may be made under the relevant compensation Act in respect of an existing disease to which an eligibility provision applies if, before the commencement of the eligibility provision—

a claim for compensation was made under that Act (whether or not the claim has also been the subject of proceedings in the Commission or a court), and

liability for the claim is denied on the ground that the disease was not contracted in the course of the worker’s employment or that the employment was not a contributing factor, or a substantial contributing factor, to contracting the disease.

However, a further claim for compensation may not be made as provided by subclause (4) if liability for the claim is denied on any ground other than a ground referred to in that subclause.

In this clause—

eligibility provision means section 19A of, and Schedule 4 to, the 1987 Act, or section 10A of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, as inserted by the firefighters’ diseases amending Act.

firefighters’ diseases amending Act means the Workers Compensation Legislation Amendment (Firefighters) Act 2018.

relevant compensation Act, in relation to a claim for compensation, means the 1987 Act or the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 under which the claim is made.