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 insertion of the eligibility provision (an existing category 2 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 6 August 2025 unless—

a claim for compensation is made under the relevant compensation Act in relation to the disease before the insertion 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 application of an eligibility provision to an existing category 2 disease, the date of injury in relation to the disease is taken to be the date on which the provision was inserted.

A further claim for compensation may be made under the relevant compensation Act in relation to an existing category 2 disease to which an eligibility provision applies if, before the insertion of the eligibility provision—

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

liability for the claim was 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 a ground other than a ground referred to in the subclause.

In this clause—