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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Workers' Compensation and Injury Management (Fair Protection for Firefighters) Amendment Bill 2012 CONTENTS 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Part 3 Division 3A inserted 2 Division 3A -- Industrial diseases for firefighters 48A. When employment as a firefighter is taken to contribute to contraction of disease 2 5. Schedule 3A inserted 3 Schedule 3A -- Industrial diseases for firefighters 264--1 page i Western Australia LEGISLATIVE ASSEMBLY (Introduced by Ms Quirk MLA) Workers' Compensation and Injury Management (Fair Protection for Firefighters) Amendment Bill 2012 A Bill for An Act to amend provisions in the Workers' Compensation and Injury Management Act 1981 relating to injuries sustained by firefighters, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Workers' Compensation and Injury Management (Fair Protection for Firefighters) Amendment Bill 2012 s. 1 1 1. Short title 2 This is the Workers' Compensation and Injury Management 3 (Fair Protection for Firefighters) Amendment Act 2012. 4 2. Commencement 5 This Act comes into operation on a day fixed by proclamation. 6 3. Act amended 7 This Act amends the Workers' Compensation and Injury 8 Management Act 1981. 9 4. Part 3 Division 3A inserted 10 After section 48 insert: 11 Division 3A -- Industrial diseases for 12 firefighters 13 48A. When employment as a firefighter is taken to 14 contribute to contraction of disease 15 (1) If a worker: 16 (a) suffers a disease mentioned in the table set out 17 in Schedule 3A; and 18 (b) before the disease was sustained, was employed 19 as a firefighter for the qualifying period 20 mentioned for that disease; and 21 (c) was exposed to the hazards of a fire scene 22 during that period; and 23 (d) in the case of a cancer of a kind covered by 24 item 13 of the table set out in Schedule 3A -- 25 satisfies the conditions (if any) prescribed for 26 such a cancer, page 2 Workers' Compensation and Injury Management (Fair Protection for Firefighters) Amendment Bill 2012 s. 5 1 the employment is, for the purposes of this Act, taken 2 to have contributed, to a significant degree, to the 3 contraction of the disease, unless the contrary is 4 established. 5 (2) For the purposes of subsection (1): 6 (a) a worker is taken to have been employed if he 7 or she is employed under an industrial 8 agreement or award applicable to fire fighting; 9 (b) a worker who was employed as a firefighter for 10 2 or more periods that add up to the qualifying 11 period is taken to have been so employed for 12 the qualifying period; and 13 (c) a worker is taken to have been employed as a 14 firefighter only if he or she was employed as a 15 firefighter by the State, a State authority, a 16 Department, a company or a licensed 17 corporation. 18 (3) Subsection (1) does not limit, and is not limited by 19 subsection (2). 20 5. Schedule 3A inserted 21 After Schedule 3 insert: 22 Schedule 3A -- Industrial diseases for 23 firefighters 24 [s.48A] Column 1 Column 2 Item Disease Qualifying period 1 Primary site brain cancer 5 years 2 Primary site bladder cancer 15 years 3 Primary site kidney cancer 15 years 4 Primary non-Hodgkins lymphoma 15 years page 3 Workers' Compensation and Injury Management (Fair Protection for Firefighters) Amendment Bill 2012 s. 5 Column 1 Column 2 Item Disease Qualifying period 5 Primary leukemia 5 years 6 Primary site breast cancer 10 years 7 Primary site testicular cancer 10 years 8 Multiple myeloma 15 years 9 Primary site prostate cancer 15 years 10 Primary site ureter cancer 15 years 11 Primary site colorectal cancer 15 years 12 Primary site oesophageal cancer 25 years 13 A cancer of a kind prescribed for The period prescribed this table for such a cancer
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