{"id":"C2004L09749","name":"Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Instrument 2017","slug":"safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-inst","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28388,"registerId":"commonwealth-C2004L09749-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Instrument 2017.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under paragraph 7(1)(b) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation Act 1988.\n\n> disease has its ordinary meaning.\n\n> ICD–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\n> Note: 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\n> substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Application-general","content":"#### 5 Application-general\n\n This instrument applies in relation to a disease specified in Schedule 1 that an employee sustains on or after the day this instrument commences.\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\n(a) the employee’s service as a firefighter; or\n\n(b) the employee’s participation in a firefighter training course; or\n\n(c) the employee’s role as an instructor of a firefighter training course;\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.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Schedules","content":"#### 6 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.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Specification","content":"#### 7 Specification\n\n (1) For the purposes of paragraph 7(1)(b) of the Act, a disease of a kind specified in column 1 of an item of the table in Schedule 1 is a disease related to employment of a kind specified in column 2 of that item.\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\n \n\nSchedule 1—Specified diseases relating to specified employment\n\n```html\n

Column 1

Column 2

Item

Disease

Employment

Infectious diseases

1

Anthrax

Employment involving work with:

(a) animals; or

(b) animal carcasses; or

(c) animal parts.

2

Brucellosis

Employment involving work with:

(a) animals; or

(b) animal carcasses; or

(c) animal parts; or

(d) animal waste.

3

Hepatitis A

Employment involving work with human waste.

4

Hepatitis B or Hepatitis C

Employment involving work with human body fluids.

5

Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS)

Employment involving work with:

(a) needles in a healthcare services setting; or

(b) sharps in a healthcare services setting.

6

Leptospirosis

Employment involving work with:

(a) animals; or

(b) animal carcasses; or

(c) animal parts; or

(d) animal waste.

7

Orf

Employment involving work with:

(a) goats; or

(b) goat carcasses; or

(c) sheep; or

(d) sheep carcasses.

8

Q-fever

Employment involving work with:

(a) animals; or

(b) animal carcasses; or

(c) animal parts.

9

Tuberculosis

Employment involving work with:

(a) animals:

(i) in a farming setting; or

(ii) in a veterinarian setting; or

(b) animal carcasses:

(i) in a farming setting; or

(ii) in a veterinarian setting; or

(c) human corpses:

(i) in a healthcare services setting; or

(ii) in a mortuary setting; or

(d) persons (individuals) in a healthcare services setting.

Malignant diseases

10

Primary malignant disease of the salivary gland

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation.

11

Primary malignant disease of the nasopharynx

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) formaldehyde; or

(b) wood.

12

Primary malignant disease of the oesophagus

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation.

13

Primary malignant disease of the stomach

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation.

14

Primary malignant disease of the colon or rectum

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation.

15

Primary malignant disease of the liver

Employment for at least 5 years (whether consecutive or not) involving work with vinyl chloride monomer.

16

Primary malignant disease of the nasal cavity or para-nasal sinuses

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation; or

(c) nickel; or

(d) leather; or

(e) wood.

17

Primary malignant disease of the larynx

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) asbestos; or

(b) asbestos-containing material; or

(c) acid mist (strong inorganic).

18

Primary malignant disease of the lung caused by asbestos

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) asbestos; or

(b) asbestos-containing material.

19

Primary malignant disease of the bone

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation.

20

Primary malignant disease of the mesothelium

Employment for at least one year (whether consecutive or not) involving work with:

(a) asbestos; or

(b) asbestos-containing material.

21

Primary malignant disease of the breast

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation.

22

Primary malignant disease of the ovary

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) asbestos; or

(b) asbestos-containing material.

23

Primary malignant disease of the kidney

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation; or

(c) trichloroethylene.

24

Primary malignant disease of urothelial tissue lining the urinary tract

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation; or

(c) 2-naphthylamine; or

(d) benzidine; or

(e) cyclophosphamide; or

(f) ortho-toluidine; or

(g) polycyclic aromatic hydrocarbons during aluminium production.

25

Primary malignant disease of the brain

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation.

26

Primary malignant disease of the thyroid

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation.

27

Primary leukaemia (excluding chronic lymphatic leukaemia)

Employment for at least 2 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation; or

(c) benzene; or

(d) butadiene; or

(e) cyclophosphamide; or

(f) formaldehyde.

28

Primary non-Hodgkins lymphoma

Employment for at least 2 years (whether consecutive or not) involving work with:

(a) equipment that produces ionising radiation; or

(b) substances that emit ionising radiation.

Diseases of the nervous system

29

Parkinson’s disease

Employment for at least one year (whether consecutive or not) involving work with manganese.

30

Peripheral neuropathy

Employment for at least one year (whether consecutive or not) involving work with:

(a) acrylamide; or

(b) arsenic; or

(c) carbon disulphide; or

(d) lead; or

(e) mercury; or

(f) n-hexane; or

(g) organophosphates; or

(h) trichloroethylene.

Respiratory diseases

31

Occupational asthma

Employment for at least 4 weeks (whether consecutive or not) involving work with an agent or thing specified in column 2 of an item of the table in Schedule 2.

32

Coal workers’ pneumoconiosis

Employment for at least 5 years (whether consecutive or not) involving work with coal.

33

Asbestosis

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) asbestos; or

(b) asbestos-containing material.

34

Silicosis

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) material containing crystalline silica; or

(b) silica.

35

Other pneumoconiosis

Employment for at least 5 years (whether consecutive or not) involving work with:

(a) aluminium; or

(b) barium; or

(c) beryllium; or

(d) cobalt; or

(e) iron oxide; or

(f) tin; or

(g) tungsten.

36

Byssinosis

Employment for at least 4 weeks (whether consecutive or not) involving work with:

(a) unprocessed cotton; or

(b) unprocessed flax; or

(c) unprocessed hemp; or

(d) unprocessed sisal.

37

Extrinsic allergic alveolitis

Employment for at least 4 weeks (whether consecutive or not) involving work with:

(a) feathers; or

(b) grain; or

(c) hay; or

(d) straw.

Hepatic disease

38

Non-infectious hepatitis

Employment involving work with:

(a) acrylonitrile; or

(b) alcohols; or

(c) amino-derivatives of benzene; or

(d) antimony; or

(e) aromatic hydrocarbons; or

(f) arsenic; or

(g) benzene; or

(h) benzoquinone; or

(i) beryllium; or

(j) cadmium; or

(k) carbon disulphide; or

(l) carbon monoxide; or

(m) chromium; or

(n) copper; or

(o) fluorine; or

(p) glycols; or

(q) hexane; or

(r) hydrogen cyanide; or

(s) hydrogen sulphide; or

(t) ketones; or

(u) lead; or

(v) manganese; or

(w) mercury; or

(x) methylene chloride; or

(y) mineral acids; or

(z) nitric acid esters; or

(za) organochlorine compounds; or

(zb) organophosphate; or

(zc) osmium; or

(zd) oxides of nitrogen; or

(ze) ozone; or

(zf) phosgene; or

(zg) phosphorus; or

(zh) selenium; or

(zi) styrene; or

(zj) thallium; or

(zk) tin; or

(zl) toluene; or

(zm) toxic halogen derivatives of aliphatic; or

(zn) toxic nitro-derivatives of benzene; or

(zo) vanadium; or

(zp) zinc.

Skin diseases

39

Irritant contact dermatitis

Employment for at least 4 weeks (whether consecutive or not) involving work and contact with:

(a) alcohols; or

(b) cutting fluids; or

(c) cleaners; or

(d) degreasers; or

(e) disinfectants; or

(f) liquids (frequent contact); or

(g) liquids (prolonged contact); or

(h) petroleum products; or

(i) soaps; or

(j) solvents.

40

Allergic contact dermatitis

Employment for at least 4 weeks (whether consecutive or not) involving work and contact with:

(a) 2,5-diaminotoluene sulfate; or

(b) 4-phenylenediamine base; or

(c) ammonium persulfate; or

(d) cobalt chloride; or

(e) cocamide diethanolamide; or

(f) coconut diethanolamide; or

(g) colophonium/colophony/rosin; or

(h) diazolidinyl urea; or

(i) epoxy resin; or

(j) formaldehyde; or

(k) fragrance mix I:

(i) amylcinnamaldehyde; or

(ii) cinnamic alcohol; or

(iii) cinnamic aldehyde;

(iv) eugenol; or

(v) geraniol; or

(vi) hydroxycitronellal; or

(vii) isoeugenol; or

(viii) oakmoss absolute; or

(l) fragrance mix II:

(i) citral; or

(ii) citronellol; or

(iii) coumarin; or

(iv) farnesol; or

(v) hexyl cinnamic aldehyde; or

(vi) hydroxyisohexyl 3-cyclohexene carboxaldehyde; or

(m) glyceryl monothioglycolate; or

(n) hydroxyethyl methacrylate; or

(o) mercaptobenzothiazole; or

(p) methyl chloroisothiazolinone; or

(q) mixture of methylchloroisothiazolinone and methylisothiazolinone; or

(r) nickel sulfate; or

(s) potassium dichromate; or

(t) quaternium 15; or

(u) thiuram mix:

(i) tetramethylthiuramdisulfide; or

(ii) tetramethylthiuram monosulfide; or

(iii) tetraethylthiuram disulfide.

\n```","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument specifies which diseases and employment exposures are to be treated as \"related to employment\" for the purposes of paragraph 7(1)(b) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (section 7). It also amends instruments listed in its schedules (section 6). The text itself does not indicate an explicit expansion or contraction of the Act’s statutory scope beyond making these specifications and consequential amendments."},"complexity_factors":["Large, detailed schedules mapping many diseases to specific exposures and workplaces (Schedule 1) increases administrative and evidentiary complexity.","Multiple exposure‑duration thresholds (eg. 4 weeks, 1 year, 2 years, 5 years) require precise employment-history proof (Schedule 1 items such as 10, 27, 31).","Extensive technical lists of chemicals, agents and materials (eg. the long list in item 38) require toxicological and occupational expertise to interpret (Schedule 1 item 38).","Cross‑reference to an external disease coding system (ICD–10–AM) for some items creates dependency on an external, updating standard (definition of ICD–10–AM, section 4).","A site‑ and period‑specific clause for firefighters (section 5A) adds a historical-location conditionality that complicates eligibility determinations.","The instrument operates by specifying what counts as \"a disease related to employment\" under paragraph 7(1)(b) of the Act, so decisionmakers under the Act must apply these specifications (section 7).","Section 6 permits the instrument to amend or repeal other instruments listed in schedules, introducing secondary legal effects and interaction risks (section 6).","Minimal statutory definition of \"disease\" (defined simply as 'ordinary meaning' in section 4) may produce interpretive uncertainty where medical classification is borderline."],"plain_english_summary":"This instrument lists specific diseases and the kinds of Defence-related employment or exposures that will be treated as \"related to employment\" under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988. It sets technical criteria — substances, agents, workplaces and minimum exposure periods — that determine whether an employee’s disease qualifies for a defence-related claim. The measure affects employees, medical assessors and claims administrators by clarifying which conditions and exposures meet the Act’s statutory test, and by adding a site-specific firefighter application."},"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"},"kimi_summary":{"_metrics":{"completionTokens":508},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument appears to operate within its original scope — specifying diseases for defence-related compensation claims. The firefighters provision (section 5A) is a targeted addition for a specific historical cohort, not a broad expansion."},"complexity_factors":["Extensive tabular structure with 40+ individual disease entries","Multiple nested sub-lists of chemical exposures (some entries list 20+ substances)","Cross-reference to external medical classification system (ICD-10-AM)","Multiple minimum employment periods varying by condition (4 weeks, 1 year, 2 years, 5 years)","Specific carve-out for firefighters at a single base across a 30-year historical period","Requires understanding of both medical terminology and chemical compound names"],"plain_english_summary":"This instrument creates a list of **work-related diseases** that are automatically presumed to be caused by employment for certain defence and defence-related workers under the Safety, Rehabilitation and Compensation Act 1988.\n\n**What it does:**\n- **Schedule 1** sets out 40 specific diseases (infectious diseases, cancers, nervous system diseases, respiratory diseases, liver disease, and skin conditions) and links each to particular types of work or exposure\n- **Schedule 3** (referenced but not shown) appears to cover additional diseases for firefighters at RAAF Base Point Cook between 1957–1986\n\n**Key features:**\n- Most conditions require minimum exposure periods (ranging from 4 weeks to 5 years, not necessarily consecutive)\n- Many entries link specific cancers to particular chemicals or radiation exposure — for example, lung cancer to asbestos, leukaemia to benzene, and various cancers to ionising radiation\n- The instrument uses precise medical terminology and references the ICD-10-AM classification system (a medical coding standard)\n\n**Who it affects:**\n- Current and former employees covered by the Defence-related Claims Act\n- This includes defence force members, civilian employees, and certain contractors\n\n**Why it matters:**\nThis creates a **\"reverse onus\"** — if a worker has one of these diseases and did the specified work, the disease is presumed work-related. The employer (or Comcare) must prove it *wasn't* caused by work if they want to deny compensation. This makes it easier for workers to claim compensation for occupational diseases without having to prove causation themselves."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-inst","history":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-inst/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-inst/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-inst/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-inst/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-specified-diseases-and-employment-inst/documents"}}