{"id":"F2021L01283","name":"Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Amendment Instrument 2021","slug":"safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-amen","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440993,"registerId":"F2021L01283-fast-fetch-1775956430710","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Amendment Instrument 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\n![Commonwealth Coat of Arms](image.001.png)\n\nSafety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Amendment Instrument 2021\n\nI, Andrew Gee, Minister for Veterans’ Affairs, make the following instrument.\n\nDated 17 September 2021.    \n\nAndrew Gee\n\nMinister for Veterans’ Affairs\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedules\n\nSchedule 1—Amendments relating to firefighters\n\nPart 1—Amendments\n\nSafety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Instrument 2017\n\nPart 2—Application provision\n\n \n\n1  Name\n\n  This instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Amendment Instrument 2021.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 20 September 2021. 20 September 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under paragraph 7(1)(b) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\nSchedule 1—Amendments relating to firefighters\n\nPart 1—Amendments\n\nSafety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Instrument 2017\n\n \n\n1  Section 4\n\nInsert:\n\nICD–10–AM reference, short for International Statistical Classification of Diseases and Related Health Problems, 11th edition, Australian Modification, means the reference in the alphanumeric coding scheme for diseases and external causes of injury set out in ICD–10–AM, as in force on 1 July 2019.\n\nNote: The text of the ICD–10–AM, could in 2021, be viewed on the Independent Hospital Pricing Authority’s website, (http://www.ihpa.gov.au).\n\n2  Section 5 (heading)\n\nRepeal the heading, substitute:\n\n5  Application–general\n\n3  Section 5\n\nAfter “disease”, insert “specified in Schedule 1”.\n\n4  After section 5\n\nInsert:\n\n5A  Application–firefighters\n\n (1) This instrument applies in relation to a disease specified in Schedule 3 that an employee sustains in relation to:\n\n1.     the employee’s service as a firefighter; or\n2.     the employee’s participation in a firefighter training course; or\n3.     the employee’s role as an instructor of a firefighter training course;\n\n\nat the RAAF Base Point Cook between 1 January 1957 and 31 December 1986.\n\n (2) For the purposes of subsection (1), it does not matter whether the disease was sustained by the employee during the period mentioned in that subsection or at a later time.\n\n5  Section 7\n\nBefore “For the purposes of”, insert “(1)”.\n\n6  At the end of section 7\n\nAdd:\n\n (2) For the purposes of paragraph 7(1)(b) of the Act, a disease of a kind, including an aggravation of a disease of a kind, specified in column 1 of an item of the table in Schedule 3 by reference to the ICD–10–AM reference in column 2 of that item is a disease related to employment of a kind specified in column 3 of that item.\n\n7  Schedule 1 (heading)\n\nRepeal the heading, substitute:\n\nSchedule 1—Specified diseases relating to specified employment\n\n8  At the end of the instrument\n\nAdd:\n\nSchedule 3—Specified diseases relating to firefighters\n\n \n\n \n\n- Column 1 Column 2 Column 3\n- Item Disease ICD–10–AM reference Employment\n- Skin diseases\n- 1 Dysplastic naevus D22/M8727/0 Employment involving work relating to:\n\n1. firefighting; or\n2. participating in a firefighting training course; or\n3. instructing participants in a firefighter training course;at RAAF Base Point Cook between 1 January 1957 and 31 December 1986.\n- 2 Eczema or dermatitis L20–L30 The same as for item 1.\n- Diseases of the nervous system\n- 3 Multiple sclerosis G35 The same as for item 1.\n- 4 Parkinson’s disease G20 The same as for item 1.\n- 5 Peripheral neuropathy G62 The same as for item 1.\n- 6 Spinal muscular atrophy G12 The same as for item 1.\n- 7 Erectile dysfunction N48.4 The same as for item 1.\n- 8 Cauda equina syndrome G95.9 The same as for item 1.\n- 9 Neurogenic bladder N31.9 The same as for item 1.\n- 10 Non-alcoholic toxic encephalopathy G92 The same as for item 1.\n- 11 Acquired colour vision deficiency H53.5 The same as for item 1.\n- Mental diseases\n- 12 Depression F32.0-F33.9, F34, F38 and F39 The same as for item 1.\n- 13 Sleep disorders with a neurological basis G47.31 The same as for item 1.\n- 14 Bi-polar affective disorder F31 The same as for item 1.\n- 15 Vertigo R42 The same as for item 1.\n- 16 Memory loss F04 The same as for item 1.\n- 17 Anxiety F41 The same as for item 1.\n- 18 Panic disorders F41.0 The same as for item 1.\n- 19 Impaired cognition F03 The same as for item 1.\n- 20 Agoraphobia with panic disorder F40.01 The same as for item 1.\n- Malignant diseases\n- 21 Malignant neoplasms C00–C96 The same as for item 1.\n- 22 Myeloproliferative disorders C81–C96, D45 and D47 The same as for item 1.\n\n\n \n\n- Liver diseases\n- 23 Liver disease (excluding diabetes) K71 The same as for item 1.\n- 24 Pancreatic disease K85–K86 The same as for item 1.\n- Gastrointestinal diseases\n- 25 Irritable bowel disorder K58 The same as for item 1.\n- 26 Ulcerative colitis/Crohn’s disease K50–K51 The same as for item 1.\n- 27 Diverticulitis K57 The same as for item 1.\n- 28 Bowel polyps D12 The same as for item 1.\n- Diseases of the immune system\n- 29 Mixed connective tissue disease M35.1 The same as for item 1.\n- 30 Systemic lupus erythematosus M32 The same as for item 1.\n- 31 Sarcoidosis D86 The same as for item 1.\n\nPart 2—Application provision\n\n9  Application\n\n (1) The amendments made by Part 1 of this Schedule apply in relation to a claim for compensation under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 that is made on or after 20 September 2021 by:\n\n1.     a firefighter; or\n2.     the personal representative of a firefighter whose death occurred on or after 11 May 2021.\n\n\n (2) In this item:\n\nfirefighter means a person who:\n\n1.     served as a firefighter; or\n2.     participated in a firefighter training course; or\n3.     was an instructor of a firefighter training course;\n\n\nat the RAAF Base Point Cook between 1 January 1957 and 31 December 1986.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The instrument expands the specified employment categories by adding firefighters (including trainees and instructors) at RAAF Base Point Cook for 1 Jan 1957–31 Dec 1986 and specifies a broad list of diseases (with ICD‑10‑AM references) to be treated as employment‑related for compensation purposes. It also sets the temporal application for claims (on/after 20 Sept 2021) and for personal representatives of deaths (on/after 11 May 2021) (see new section 5A, Schedule 3 and Part 2—Application)."},"complexity_factors":["Cross‑reference to the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988, specifically paragraph 7(1)(b), requiring readers to consult the Act to see legal effects (see section 3 and new subsection 7(2)).","Use of an external technical standard: ICD‑10‑AM (11th edition, Australian Modification) specified as in force on 1 July 2019; interpreting disease codes requires that external document (see inserted definition in section 1 and Schedule 3 column 2).","Narrow temporal and geographic limitation: applies only to service/participation/instruction at RAAF Base Point Cook between 1 Jan 1957 and 31 Dec 1986 (see new section 5A and Schedule 3 column 3).","Large, heterogeneous disease list across disease categories (skin, nervous, mental, malignant, liver, GI, immune), increasing medical and evidentiary complexity for claims (see Schedule 3 items 1–31).","Application timing rules: amendments apply to claims made on/after 20 Sept 2021 and to personal representatives of deaths on/after 11 May 2021, creating potential transitional or retroactivity issues to resolve (see Part 2—Application, item 9).","Repetitive drafting element (“The same as for item 1”) may require cross‑checking within the Schedule when applying to individual items (see Schedule 3 column 3).","Modifies existing instrument (2017) rather than standalone statute, so practitioners must compare versions to see full effect (Schedule heading and multiple insertions/amendments)."],"plain_english_summary":"This instrument adds a new Schedule that treats a long list of diseases (identified by ICD‑10‑AM codes as at 1 July 2019) as employment‑related for people who served as firefighters, attended firefighter training, or instructed such training at RAAF Base Point Cook between 1 January 1957 and 31 December 1986. It operates for compensation claims made on or after 20 September 2021 and for personal representatives of firefighters whose deaths occurred on or after 11 May 2021."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope. It is a targeted amendment adding a specific Schedule for firefighters at one Defence base, consistent with the principal instrument's purpose of specifying diseases related to employment for defence-related claims."},"complexity_factors":["Single, narrow purpose: creating a presumption for one specific cohort (RAAF Base Point Cook firefighters 1957-1986)","Straightforward tabular structure for the 31 diseases with ICD-10-AM medical coding references","Minimal cross-referencing — primarily refers back to the parent Act (Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988) and the 2017 principal instrument","Simple temporal boundaries (fixed dates: 1957-1986 for service, 20 September 2021 for claims, 11 May 2021 for deaths)","No nested exceptions or conditional logic beyond the basic eligibility criteria","Only one defined term added (ICD-10-AM reference) and one defined for application purposes (firefighter)"],"plain_english_summary":"This law creates a presumption that 31 specified diseases are work-related for people who worked, trained, or instructed as firefighters at RAAF Base Point Cook between 1 January 1957 and 31 December 1986, so they (or their families) don’t have to prove causation to claim compensation.\n\nIt expedites access to claims for illnesses that may appear years later; claims from 20 September 2021 onwards, and deaths on/after 11 May 2021, are covered."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-amen","history":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-amen/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-amen/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-amen/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-amen/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-amen/documents"}}