{"id":"sr:forests-forest-firefighters-presumptive-rights-compensation-regulations","name":"Forests (Forest Firefighters Presumptive Rights Compensation) Regulations 2022","slug":"forests-forest-firefighters-presumptive-rights-compensation-regulations-2022","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181390,"registerId":"vic-sr:forests-forest-firefighters-presumptive-rights-compensation-regulations-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Forests (Forest Firefighters Presumptive Rights Compensation) Regulations 2022","content":"Version No. 001\n\n**Forests (Forest Firefighters Presumptive Rights Compensation) Regulations 2022**\n\n**S.R. No. 76/2022**\n\nVersion as at  \n14 September 2022\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 2\n\nPart 2—Application for special consideration 3\n\n5 Manner and form of application for special consideration 3\n\nPart 3—Advisory committee 4\n\n6 Establishment of the advisory committee 4\n\n7 Members of the advisory committee 4\n\n8 Terms and conditions of appointment of a member 4\n\n9 Appointment of chairperson and deputy chairperson 5\n\n10 Acting appointments 5\n\n11 Resignation of members 7\n\n12 Removal of members of advisory committee 7\n\n13 Request for expert opinion from the advisory committee 7\n\n14 Duty to declare conflict of interest 8\n\n15 Expert opinions 9\n\n16 Administrative support 10\n\n17 Confidentiality 10\n\n18 Procedures of the advisory committee 11\n\n═════════════\n\nEndnotes 12\n\n1 General information 12\n\n2 Table of Amendments 14\n\n3 Explanatory details 15\n\n**Version No.** **001**\n\n**Forests (Forest Firefighters Presumptive Rights Compensation) Regulations 2022**\n\n**S.R. No. 76/2022**\n\nVersion as at  \n14 September 2022\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to support the forest firefighters presumptive rights compensation scheme in the **Forests Act 1958** by prescribing—\n\n(a) the manner and form of an application for special consideration made under section 72N of the Act; and\n\n(b) the membership of, and other matters relating to, the establishment of the advisory committee under section 72R of the Act; and\n\n(c) the form and process of providing an expert opinion to the Authority or a self-insurer under sections 72G, 72J and 72O of the Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 100C of the **Forests Act 1958**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 14 September 2022.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***application for special consideration*** means an application under section 72N of the Act;\n\n***expert opinion*** means an opinion provided by the advisory committee under section 72G, 72J or 72O of the Act;\n\n***the Act*** means the **Forests Act 1958**.\n\nPart 2—Application for special consideration\n\n\t5 Manner and form of application for special consideration\n\nFor the purposes of section 72N of the Act, an application for special consideration is in the prescribed manner and form if—\n\n(a) it is made in writing; and\n\n(b) it includes any relevant supporting information.\n\nPart 3—Advisory committee\n\n\t6 Establishment of the advisory committee\n\nFor the purposes of section 72R of the Act, the Minister must establish the advisory committee in accordance with this Part.\n\n\t7 Members of the advisory committee\n\n(1) The Minister, by instrument, must appoint at least 3, and no more than 15, eligible persons to be members of the advisory committee.\n\n(2) A person is eligible to be appointed as a member if—\n\n(a) the Minister is satisfied that the person is able to make an informed and independent assessment of the matters to be considered by the advisory committee; and\n\n(b) the person has significant and substantial expertise and experience in at least one of the following—\n\n(i) as a forest firefighter, in firefighting, fire management or another field directly relevant to fire;\n\n(ii) the scientific research on the relationship between firefighters' occupational exposure and cancers;\n\n(iii) Australian law, public administration or other relevant field.\n\n\t8 Terms and conditions of appointment of a member\n\n(1) The term of an appointment of a member of the advisory committee is as specified in the instrument of appointment but must not be longer than 3 years.\n\n(2) A member's instrument of appointment must specify—\n\n(a) the terms and conditions of the member's appointment; and\n\n(b) the remuneration (if any) and reimbursements for expenses to which the member is entitled.\n\n(3) A member is eligible for reappointment.\n\n\t9 Appointment of chairperson and deputy chairperson\n\n(1) The Minister, by instrument, must appoint a member to be the chairperson of the advisory committee.\n\n(2) The Minister, by instrument, must appoint a member to be the deputy chairperson of the advisory committee.\n\n\t10 Acting appointments\n\n(1) The deputy chairperson must act as chairperson—\n\n(a) if the office of chairperson is vacant; or\n\n(b) during any period when the chairperson is absent; or\n\n(c) if the chairperson declares that they have a conflict of interest in relation to a request for an expert opinion referred to in regulation 13(1); or\n\n(d) if the chairperson is, for any other reason, unable to perform the duties of the office.\n\n(2) The chairperson may nominate a member of the advisory committee to act as deputy chairperson—\n\n(a) if the office of deputy chairperson is vacant; or\n\n(b) during any period when the deputy chairperson is absent; or\n\n(c) during any period when the deputy chairperson is acting as chairperson; or\n\n(d) if the deputy chairperson is, for any other reason, unable to perform the duties of the office.\n\n(3) If the chairperson and the deputy chairperson are, for any reason, unable to perform the functions and duties of the chairperson—\n\n(a) the chairperson (including any acting chairperson) must nominate a member to act as chairperson during the period in which the chairperson and deputy chairperson are unable to perform the functions and duties of chairperson; or\n\n(b) if the chairperson (including any acting chairperson) is unable to make a nomination under paragraph (a), the Minister must nominate a member of the advisory committee to act as chairperson during the period in which the chairperson and deputy chairperson are unable to perform the functions and duties of chairperson.\n\n(4) A member of the advisory committee acting as chairperson—\n\n(a) has and may exercise all the powers, and must perform all the functions and duties, of the chairperson; and\n\n(b) is entitled to be paid the remuneration and reimbursement for expenses to which the chairperson would have been entitled.\n\n(5) A member of the advisory committee acting as deputy chairperson—\n\n(a) has and may exercise all the powers, and must perform all the functions and duties, of the deputy chairperson; and\n\n(b) is entitled to be paid the remuneration and reimbursement of expenses to which the deputy chairperson would have been entitled.\n\n\t11 Resignation of members\n\n(1) A member may resign by giving written notice to the Minister.\n\n(2) A resignation under subregulation (1) takes effect—\n\n(a) on the day the notice is received by the Minister; or\n\n(b) if a later date is specified in the notice, on that later date.\n\n\t12 Removal of members of advisory committee\n\nThe Minister may remove a member of the advisory committee at any time.\n\n\t13 Request for expert opinion from the advisory committee\n\n(1) After a request for an expert opinion has been made under section 72G, 72J or 72O of the Act, the chairperson must, as soon as reasonably practicable—\n\n(a) nominate 3 members that will provide an expert opinion in accordance with regulation 15; and\n\n(b) provide the nominated members with the documents received from the Authority or a self-insurer that are relevant to the request.\n\n(2) For the purposes of subregulation (1)(a), the chairperson may nominate themselves as a member for the purpose of providing an expert opinion.\n\n(3) Taking into account the nature of the request for an expert opinion and to the extent reasonably practicable, the chairperson's nomination of advisory committee members is to represent the fields specified in regulation 7(2) which have the most relevance to the request for an expert opinion.\n\n\t14 Duty to declare conflict of interest\n\n(1) Before nominating any members under regulation 13(1)(a), the chairperson must declare any conflict of interest they may have in relation to a request for an expert opinion referred to in regulation 13(1) to the Minister.\n\n**Note**\n\nSee regulation 10(1)(c)—deputy chairperson to act as chairperson if chairperson declares a conflict of interest.\n\n(2) If the chairperson and deputy chairperson have declared a conflict of interest, or the deputy chairperson is unavailable for another reason, the chairperson must nominate another member of the advisory committee to act as chairperson for the purposes of regulation 13(1)(a).\n\n(3) Before considering a request for an expert opinion, each member nominated under regulation 13(1)(a) must declare any conflict of interest they may have in relation to the request to the chairperson.\n\n(4) The chairperson must nominate an alternate member under regulation 13(1)(a) if the chairperson receives a declaration from a nominated member under subregulation (3) that prevents them from providing an expert opinion on the request.\n\n\t15 Expert opinions\n\n(1) Subject to regulation 17, members nominated under regulation 13(1)(a) for the purpose of providing an expert opinion—\n\n(a) must, as far as reasonably practicable, provide the forest firefighter with an opportunity to provide information that is relevant to the request for an expert opinion; and\n\n(b) may seek advice or information from other persons, including the forest firefighter, the Authority or a self-insurer and the relevant fire services agency; and\n\n(c) may inform themselves on any matter relevant to the request as they see fit.\n\n(2) The advisory committee is not bound by any advice or information received under subregulation (1).\n\n(3) An expert opinion must be signed by at least 2 of the 3 members nominated under regulation 13(1)(a).\n\n(4) The advisory committee must provide an expert opinion and the reasons for the opinion to the Authority or a self-insurer—\n\n(a) in the case of a request under section 72G or 72J of the Act, within 10 days after receiving a request from the Authority or the self‑insurer; or\n\n(b) in the case of an application for special consideration, within 60 days after the application is forwarded to the committee from the Authority or the self-insurer.\n\n(5) The expert opinion provided under subregulation (4) must be in the form approved by the Authority or a self-insurer.\n\n(6) Following the determination of their claim under the **Workplace Injury Rehabilitation and Compensation Act 2013**, the forest firefighter may request a copy of the expert opinion and the reasons for the expert opinion provided under subregulation (4).\n\n(7) If the forest firefighter makes a request under subregulation (6), the Authority or a self-insurer must provide them with a copy of the expert opinion and the reasons for the expert opinion within 7 days from the date the request is received by the Authority or a self-insurer.\n\n\t16 Administrative support\n\nThe Authority or a self-insurer must provide the advisory committee with any necessary administrative support on the request of the chairperson.\n\n\t17 Confidentiality\n\n(1) Materials and information provided to the advisory committee in the course of carrying out its functions must be treated as confidential.\n\n(2) If the advisory committee considers that it is appropriate to distribute materials or information to another person under regulation 15(1), the advisory committee is responsible for managing confidentiality of the materials and information.\n\n(3) This regulation does not derogate from the obligations of the advisory committee under the **Privacy and Data Protection Act 2014**.\n\n\t18 Procedures of the advisory committee\n\n(1) Subject to these Regulations, the Minister may—\n\n(a) direct the chairperson to make rules with respect to the procedures of the advisory committee; and\n\n(b) direct the chairperson with respect to the form and content of the rules of the advisory committee.\n\n(2) The chairperson must comply with any direction given under subregulation (1).\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Forests (Forest Firefighters Presumptive Rights Compensation) Regulations 2022, S.R. No. 76/2022 were made on 6 September 2022 by the Governor in Council under section 100C of the **Forests Act 1958**, No. 6254/1958 and came into operation on 14 September 2022: regulation 3.\n\nThe Forests (Forest Firefighters Presumptive Rights Compensation) Regulations 2022 will sunset 10 years after the day of making on 6 September 2032 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Forests (Forest Firefighters Presumptive Rights Compensation) Regulations 2022 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations implement and prescribe procedural and administrative detail for powers created by the Forests Act 1958 (see reg 1). They do not alter substantive entitlements in the Act but set processes, timelines, membership rules and confidentiality/administration duties to operationalise the scheme (see regs 5–18)."},"complexity_factors":["Ministerial appointment and removal discretion over committee membership and chair (regs 6, 7, 12) increases administrative discretion.","Broad but specific eligibility criteria requiring substantial expertise in distinct fields (reg 7(2)) create selection and representativeness demands.","Differing, strict timeframes for expert opinions (10 days for section 72G/72J requests; 60 days for special consideration applications) impose operational deadlines (reg 15(4)).","Application-form requirement (written with supporting information) places compliance burden on forest firefighters (reg 5).","Expert-opinion mechanics require a 3-member nomination and at least 2 signatures, creating quorum and continuity constraints (regs 13(1)(a), 15(3)).","Administrative support must be provided by the Authority or a self-insurer on request, shifting support costs and logistics to those bodies (reg 16).","Confidentiality duties and interaction with privacy law require information-handling procedures (reg 17(1)–(3)).","Conflict-of-interest declarations and substitution rules for chair/deputy chair add procedural steps and potential delays (regs 10, 13, 14).","Minister may direct the chair on committee procedures and rules, centralising procedural control (reg 18).","Cross-references to multiple sections of the Forests Act 1958 (72G, 72J, 72N, 72O) mean the Regulations must be read alongside the principal Act, increasing interpretive complexity (regs 1, 4, 13, 15)."],"plain_english_summary":"These Regulations put detail around a scheme in the Forests Act 1958: they set how forest firefighters apply for special consideration, how an advisory committee is appointed and run, and how that committee gives expert opinions to the Authority or self‑insurers. They affect forest firefighters (applicants), the Minister (who appoints and removes committee members), and the Authority/self‑insurers (who supply administrative support and receive opinions). Key mechanics include written applications (reg 5), Ministerial appointment and removal powers (regs 6,7,12), time limits for opinions (reg 15(4)) and conflict/confidentiality rules (regs 14–17)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the forest firefighters presumptive rights scheme established by the Forests Act 1958. They do not expand beyond the three specific matters authorised by section 100C of the Act (application procedures, advisory committee establishment, and expert opinion processes)."},"complexity_factors":["Short length: only 18 regulations across 3 Parts","Minimal cross-referencing: only references back to the parent Forests Act 1958 (sections 72G, 72J, 72N, 72R, 100C)","Only 3 defined terms in regulation 4 ('application for special consideration', 'expert opinion', 'the Act')","Straightforward procedural structure: establishment → membership → operations","Some conditional logic in acting appointments (regulation 10) with cascading scenarios (chair absent → deputy acts; both absent → nomination required), but clearly drafted","No nested exceptions or complex temporal provisions","Sunset clause mentioned only in endnotes (10-year automatic expiry under Subordinate Legislation Act 1994), not in operative provisions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up the administrative machinery for Victoria's **forest firefighters presumptive rights compensation scheme**. This scheme makes it easier for forest firefighters who develop certain cancers to claim workers' compensation by assuming (\"presuming\") their cancer was caused by their job, rather than forcing them to prove it.\n\n**Three main things the regulations cover:**\n\n1. **How to apply for \"special consideration\"** — If a firefighter's cancer isn't on the automatic list, they can apply for the advisory committee to review their case. The regulations say this must be done **in writing** with **supporting information**.\n\n2. **Setting up the advisory committee** — A panel of 3–15 experts who review complex cases. Members must have expertise in:\n   - Firefighting or fire management\n   - Scientific research on firefighters and cancer\n   - Law, public administration, or related fields\n\n   The regulations cover how members are appointed (by the Minister), how long they serve (up to 3 years), who chairs the committee, and how acting appointments work when people are away or have conflicts of interest.\n\n3. **How expert opinions work** — When the workers' compensation authority or an insurer asks for help, the committee must:\n   - Give the firefighter a chance to provide information\n   - Deliver opinions within **10 days** (for standard requests) or **60 days** (for special consideration applications)\n   - Have at least **2 of 3** nominated members sign off\n   - Keep information **confidential**\n\n**Who it affects:**\n- **Forest firefighters** in Victoria seeking compensation for work-related cancers\n- **The advisory committee members** who assess claims\n- **WorkSafe Victoria (the Authority)** and **self-insurers** who handle claims\n- **The Minister** who appoints committee members\n\n**Why it matters:**\nFirefighting is dangerous work with proven links to cancer. These regulations ensure there's a fair, expert-driven process for deciding compensation when cases fall outside the standard rules. The \"presumptive rights\" approach recognises that proving exactly which fire caused which cancer is often impossible, so the law shifts the burden of proof in the firefighter's favour."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulations appear to operate within their stated purpose — providing a compensation framework for forest firefighters under a presumptive rights model. There is no evidence of scope creep or departure from the original legislative intent."},"complexity_factors":["The document provided is largely a metadata shell (version history, status labels) with minimal substantive regulatory content visible for analysis","The underlying scheme involves interaction between workers compensation law and specific presumptive rights legislation, which adds moderate complexity","Determining eligibility criteria (service length, listed diseases) typically requires cross-referencing with parent legislation","Limited text available means complexity of actual operative provisions cannot be fully assessed"],"plain_english_summary":"These regulations establish a presumptive compensation scheme in Victoria for forest firefighters—paid and volunteer—so certain serious illnesses (notably cancers) are automatically treated as work-related.  \n\nThat makes it easier for affected firefighters and their families to obtain compensation and sets the procedural framework for employers and government bodies to handle claims."}},"importantCases":[],"_links":{"self":"/api/acts/forests-forest-firefighters-presumptive-rights-compensation-regulations-2022","history":"/api/acts/forests-forest-firefighters-presumptive-rights-compensation-regulations-2022/history","analysis":"/api/acts/forests-forest-firefighters-presumptive-rights-compensation-regulations-2022/analysis","conflicts":"/api/acts/forests-forest-firefighters-presumptive-rights-compensation-regulations-2022/conflicts","importantCases":"/api/acts/forests-forest-firefighters-presumptive-rights-compensation-regulations-2022/important-cases","documents":"/api/acts/forests-forest-firefighters-presumptive-rights-compensation-regulations-2022/documents"}}