Victorian Current Acts

FORESTS ACT 1958 - SECT 72E

    (1)     An injury to an occupational forest firefighter is presumed to be due to the nature of their employment as a firefighter if—

        (a)     the injury—

              (i)     is a disease referred to in column 1 of the table in the Third Schedule; and

              (ii)     occurs on or after 1 June 2016; and

        (b)     the injury occurs during a period in which the worker is employed as an occupational forest firefighter or within the 10 year period after the worker ceases to be employed or served as a firefighter; and

        (c)     before the date on which the injury that is a disease referred to in column 1 of the table in the Third Schedule occurred, the worker is or was employed, or served as a firefighter, for at least the qualifying period specified in column 2 of that table opposite the disease, and the worker attended fires to the extent reasonably necessary to fulfil the purpose of their service as a firefighter—

in the absence of proof to the contrary.

    (2)     For the purposes of this section, if an occupational forest firefighter suffers an injury that is a disease specified in column 1 of the table in the Third Schedule, the injury is to be taken to have occurred on the day on which the occupational forest firefighter—

        (a)     is first diagnosed as suffering from the disease; or

        (b)     dies by reason of the disease—

whichever occurs first.

S. 72F inserted by No. 46/2021 s. 6.