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TASMANIA
__________
WORKERS REHABILITATION AND
COMPENSATION AMENDMENT (PRESUMPTION
OF CAUSE OF DISEASE) BILL 2017
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 27 amended (Presumption as to cause of certain diseases
in relation to fire-fighters)
5. Section 162A inserted
162A. Review in relation to presumption in respect of
PTSD in relation to certain workers
6. Repeal of Act
[Bill 64]-XI
2
WORKERS REHABILITATION AND
COMPENSATION AMENDMENT (PRESUMPTION
OF CAUSE OF DISEASE) BILL 2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
2 November 2017
(Brought in by the Minister for Police, Fire and Emergency
Management, the Honourable Marinus Theodoor Hidding)
A BILL FOR
An Act to amend the Workers Rehabilitation and
Compensation Act 1988
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Workers
Rehabilitation and Compensation Amendment
(Presumption of Cause of Disease) Act 2017.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 64] 3
Workers Rehabilitation and Compensation Amendment
(Presumption of Cause of Disease) Act 2017
Act No. of 2017
s. 3
3. Principal Act
In this Act, the Workers Rehabilitation and
Compensation Act 1988* is referred to as the
Principal Act.
4. Section 27 amended (Presumption as to cause of
certain diseases in relation to fire-fighters)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)
"disease; and" and substituting "disease -
";
(b) by omitting paragraph (d) from
subsection (1);
(c) by omitting subsection (4);
(d) by omitting subsection (6) and
substituting the following subsections:
(6) Despite the amendments to this
section made by the Workers
Rehabilitation and Compensation
Amendment (Presumption of
Cause of Disease) Act 2017, this
section, as in force immediately
before that Act commences,
applies to an injury if the injury is
to be taken to have occurred, in
*No. 4 of 1988
4
Workers Rehabilitation and Compensation Amendment
(Presumption of Cause of Disease) Act 2017
Act No. of 2017
s. 5
accordance with subsection (5),
before 31 October 2017.
(6A) This section, as amended by the
Workers Rehabilitation and
Compensation Amendment
(Presumption of Cause of
Disease) Act 2017, applies to an
injury if the injury is to be taken
to have occurred, in accordance
with subsection (5), on or after
31 October 2017.
(e) by omitting the definition of avoidable
call-out from subsection (8).
5. Section 162A inserted
After section 162 of the Principal Act, the
following section is inserted in Part XIII:
162A. Review in relation to presumption in respect
of PTSD in relation to certain workers
(1) In this section -
relevant disease means post-traumatic
stress disorder;
relevant workers means workers -
(a) who are employed or
appointed under an Act of
the State; and
5
Workers Rehabilitation and Compensation Amendment
(Presumption of Cause of Disease) Act 2017
Act No. of 2017
s. 5
(b) the nature of whose
occupation as such
workers places them at
significant risk of
contracting, in the course
of their employment, the
relevant disease;
review means a review carried out by
persons who -
(a) in the Minister's opinion,
are appropriately qualified
for that task; and
(b) include one or more
persons who are not
employees of the State or
Commonwealth or of any
agency of the State or
Commonwealth.
(2) The Minister is to cause to be
commenced by 30 June 2018 a review as
to whether this Act should be amended to
include provisions to the effect that, for
the purposes of this Act, the employment
of relevant workers, specified in the
terms of reference for the review, who
contract the relevant disease is, in the
absence of evidence to the contrary,
taken to have contributed to a substantial
degree to the relevant disease.
6
Workers Rehabilitation and Compensation Amendment
(Presumption of Cause of Disease) Act 2017
Act No. of 2017
s. 6
(3) The persons who carry out the review are
to complete the review and give to the
Minister a written report on the outcome
of the review, as soon as practicable but
in any case before 1 October 2018.
(4) The Minister is to cause a copy of the
report to be tabled in each House of
Parliament on or before 1 October 2018.
6. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 7