{"id":"tas:sr-2017-118","name":"Workers Rehabilitation and Compensation (Deemed Diseases) Notice 2017","slug":"workers-rehabilitation-and-compensation-deemed-diseases-notice-2017","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"118 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185105,"registerId":"tas-tas:sr-2017-118-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This notice may be cited as the [Workers Rehabilitation and Compensation (Deemed Diseases) Notice 2017](/view/html/inforce/2026-04-12/sr-2017-118) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This notice takes effect on the day on which the [Workers Rehabilitation and Compensation Amendment Act 2017](/view/html/inforce/2026-04-12/act-2017-039) commences.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this notice –\n> > \n> > > ***Act*** means the [Workers Rehabilitation and Compensation Act 1988](/view/html/inforce/2026-04-12/act-1988-004) ;\n> > \n> > > ***occupational asthma*** includes immunologically mediated asthma;\n> > \n> > > ***Safe Work Australia*** has the same meaning as in [section 26](/view/html/inforce/2026-04-12/act-1988-004#GS26@EN) of the Act.\n> \n> > (2)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this notice as if it were rules.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Presumption as to cause of disease","content":"### 4 Presumption as to cause of disease\n\n> > (1)  An occupation, or exposure, specified in column 2 of an item of a table in [Schedule 1](#JS1@EN) is specified, for the purposes of [section 26(3)](/view/html/inforce/2026-04-12/act-1988-004#GS26@Gs3@EN) of the Act, to be presumed to contribute to a substantial degree to the disease specified in column 1 of that item of that table.\n> \n> > (2)  Unless the contrary intention appears, the *Deemed Diseases in Australia* report, published in August 2015 by Safe Work Australia, may be used in the interpretation of an occupation, exposure or disease specified in [Schedule 1](#JS1@EN) .","sortOrder":3},{"sectionNumber":"SCHEDULE 1 - Diseases where th","sectionType":"part","heading":"SCHEDULE 1 - Diseases where there is a presumption as to cause","content":"# SCHEDULE 1 - Diseases where th SCHEDULE 1 - Diseases where there is a presumption as to cause\n\n[Clause 4](#GS4@EN)","sortOrder":4},{"sectionNumber":"Part 1","sectionType":"part","heading":"Infectious diseases","content":"# Part 1 Infectious diseases\n\n|  | Column 1Disease | Column 2Exposure or occupation |\n| 1. | Anthrax | Occupations involving work with animals or animal carcasses (including, but not limited to, animal handlers, pelt handlers, abattoir workers and meat inspectors). |\n| 2. | Brucellosis | Occupations involving work with animals or animal carcasses (including, but not limited to, veterinarians, farmers or farm workers, abattoir workers and laboratory workers). |\n| 3. | Hepatitis A | Occupations involving contact with human waste (including, but not limited to, child care workers, carers of intellectually disabled persons, workers in rural or remote Indigenous communities, sewage workers and plumbers). |\n| 4. | Hepatitis B or C | Occupations involving contact with human bodily secretions (including, but not limited to, health care workers, embalmers, persons who handle body substances, clinical laboratory staff, workers in long-term correctional facilities, members of the police service, members of the armed forces and emergency services workers). |\n| 5. | HIV/AIDS | Health care workers or laboratory workers if the worker has become HIV positive after a needle-stick injury that occurs while at work. |\n| 6. | Leptospirosis | Occupations involving – |\n|  |  | (a) work with animals or animal carcasses (including, but not limited to, farmers or farm workers, abattoir workers, forestry workers, hunters, veterinarians and livestock transport operators); or |\n|  |  | (b) work with animal or human waste (including, but not limited to, plumbers). |\n| 7. | Orf | Occupations involving work with sheep, goats or sheep or goat carcasses (including, but not limited to, sheep farmers or farm workers, goat farmers or farm workers, abattoir workers and meat inspectors). |\n| 8. | Q-fever | Occupations involving contact with animals or animal parts in a rural setting (including, but not limited to, abattoir workers, stock workers, livestock transport operators, shearers, hide processors, farmers and veterinarians). |\n| 9. | Tuberculosis | Occupations – |\n|  |  | (a) involving contact with persons or animals in situations where the prevalence of tuberculosis is likely to be significantly higher than the general community (including, but not limited to, health workers, clinical laboratory workers, funeral parlour staff, farmers and veterinarians); or |\n|  |  | (b) that have resulted in the worker being diagnosed with silicosis, if that occupation is presumed under the Act to have contributed to the silicosis. |","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Cancers","content":"# Part 2 Cancers\n\n|  | Column 1Disease | Column 2Exposure or occupation |\n| 1. | Salivary gland cancer | Exposure to ionizing radiation. |\n| 2. | Nasopharynx cancer | Exposure to formaldehyde or wood dust. |\n| 3. | Oesophagus cancer | Exposure to ionizing radiation. |\n| 4. | Stomach cancer | Exposure to ionizing radiation. |\n| 5. | Colon, or rectum, cancer | Exposure to ionizing radiation. |\n| 6. | Liver cancer | Exposure to – |\n|  |  | (a) hepatitis B or hepatitis C; or |\n|  |  | (b) vinyl chloride monomer. |\n| 7. | Nasal cavity, or paranasal sinuses, cancer | Exposure to ionizing radiation, leather dust, wood dust or nickel. |\n| 8. | Lung cancer | Exposure to arsenic, asbestos, beryllium, bis(chloromethyl) ether, cadmium, chromium VI, diesel engine exhaust, environmental tobacco smoke, ionizing radiation, nickel, polycyclic aromatic hydrocarbons (including coal gasification, coal tar pitch and coke production), Radon-222 and its decay products, silica dust (crystalline) or soot (chimney sweeping). |\n| 9. | Bone cancer | Exposure to ionizing radiation. |\n| 10. | Skin cancer – melanoma | Exposure to solar radiation or polychlorinated biphenyls. |\n| 11. | Skin cancer – non-melanoma | Exposure to ionizing radiation, solar radiation or polycyclic aromatic hydrocarbons (including topical exposure from coal tar distillation, coal tar pitch, mineral oils whether untreated or mildly treated, shale oils or soot (chimney sweeping)). |\n| 12. | Breast cancer (female) | Exposure to ionizing radiation. |\n| 13. | Kidney cancer | Exposure to ionizing radiation or tricholoroethylene. |\n| 14. | Bladder cancer | Exposure to – |\n|  |  | (a) 2-naphthylamine, benzidine, cyclophosphamide, ionizing radiation or ortho-toluidine; or |\n|  |  | (b) polycyclic aromatic hydrocarbons during aluminium production. |\n| 15. | Brain cancer | Exposure to ionizing radiation. |\n| 16. | Thyroid cancer | Exposure to ionizing radiation. |\n| 17. | Leukaemia (other than chronic lymphatic leukaemia) | Exposure to – |\n|  |  | (a) benzene, butadiene, cyclophosphamide, formaldehyde or ionizing radiation. |\n|  |  | (b) hepatitis C. |\n| 18. | Non-Hodgkin's lymphoma | Exposure to ionizing radiation. |","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Diseases of the nervous system","content":"# Part 3 Diseases of the nervous system\n\n|  | Column 1Disease | Column 2Exposure or occupation |\n| 1. | Parkinson's disease | Exposure to manganese. |\n| 2. | Peripheral neuropathy | Exposure to – |\n|  |  | (a) metals such as lead, mercury and arsenic; or |\n|  |  | (b) organic solvents such as n-hexane, carbon disulphide and trichloroethylene; or |\n|  |  | (c) pesticides such as organophosphates; or |\n|  |  | (d) acrylamide. |","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Respiratory diseases","content":"# Part 4 Respiratory diseases\n\n|  | Column 1Disease | Column 2Exposure or occupation |\n| 1. | Occupational asthma other than pre-existing asthma | Exposure to sensitising agents or irritants (including, but not limited to, arthropods or mites, biological enzymes, bioaerosols, products derived from fish/shellfish/animal, flour, sensitising foods, flowers, latex, wood dusts, soldering, reactive dyes, anhydrides, acrylates, epoxy, ethylene oxide, aldehydes, pesticides, amines, ammonia, industrial cleaning agents, acids, isocyanates, other reactive chemicals, sensitising metals and sensitising drugs). |\n| 2. | Coal workers' pneumoconiosis | Exposure to coal. |\n| 3. | Other forms of pneumoconiosis | Exposure to known causes of pneumoconiosis (including, but not limited to, beryllium, tin, iron oxide, barium, aluminium, cobalt and tungsten). |\n| 4. | Silicosis | Exposure to silica. |\n| 5. | Byssinosis | Exposure to cotton, flax, hemp or sisal dust. |\n| 6. | Extrinsic allergic alveolitis | Exposure to damp material of biological origin (including, but not limited to, mouldy hay, straw, grain and feathers). |","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"Hepatic diseases","content":"# Part 5 Hepatic diseases\n\n|  | Column 1Disease | Column 2Exposure or occupation |\n| 1. | Non-infectious hepatitis | Exposure to agents known to cause hepatitis (including, but not limited to, organic solvents). |\n| 2. | Chronic active hepatitis | Occupations that have resulted in the worker being diagnosed with hepatitis B, or hepatitis C, if that occupation is presumed under the Act to have contributed to the hepatitis. |\n| 3. | Hepatic cirrhosis | Occupations that have resulted in the worker being diagnosed with hepatitis B, or hepatitis C, if that occupation is presumed under the Act to have contributed to the hepatitis. |","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"Skin diseases","content":"# Part 6 Skin diseases\n\n|  | Column 1Disease | Column 2Exposure or occupation |\n| 1. | Contact dermatitis – irritant or allergenic | Exposure to sensitising agents or irritants (including, but not limited to, alcohols, cutting fluids, degreasers, disinfectants, petroleum products, soaps and cleaners, solvents, wet work, chromates, cobalt, cosmetics and fragrances, epoxy resin, latex, nickel, plants, preservatives, resins and acrylics). |\n| 2. | Occupational vitiligo | Exposure to para-tertiary-butylphenol, para-tertiary-butylcatechol, para-amylphenol, hydroquinone or the monobenzyl, or monobutyl, ether of hydroquinone. |","sortOrder":10},{"sectionNumber":"Part 7","sectionType":"part","heading":"Musculoskeletal diseases","content":"# Part 7 Musculoskeletal diseases\n\n|  | Column 1Disease | Column 2Exposure or occupation |\n| 1. | Raynaud's disease | Occupations involving vibrations from powered tools or equipment. |\n| 2. | Bursitis of the knee or elbow | Occupations involving prolonged external friction, pressure or repetitive motion at, or about, the elbow or knee. |","sortOrder":11},{"sectionNumber":"Part 8","sectionType":"part","heading":"Poisoning or toxicity","content":"# Part 8 Poisoning or toxicity\n\n|  | Column 1Disease | Column 2Exposure or occupation |\n| 1. | Acute poisoning or toxicity (including acute damage to the heart, lungs, liver, kidney, nervous system and blood) | Exposure to acrylonitrile, alcohols, antimony, arsenic, benzene, beryllium, cadmium, carbon disulphide, chromium, copper, fluorine, alcohol, glycols, ketones, hexane, lead, manganese, mercury, mineral acids, nitroglycerine (or other nitric acid esters), osmium, oxides of nitrogen, ozone, pesticides (including, but not limited to, organophosphate and organochlorine compounds, herbicides, and related compounds), pharmaceutical agents, phosgene, phosphorus, selenium, styrene, thallium, tin, toluene, vanadium, zinc, chemical asphyxiants (including, but not limited to, carbon monoxide, hydrogen cyanide, hydrogen sulphide and methylene chloride), irritants (including, but not limited to, benzoquinone and other corneal irritants), toxic halogen derivatives, aliphatic or aromatic hydrocarbons or toxic nitro-derivatives and amino-derivatives of benzene (and other less common substances not specifically included here). |","sortOrder":12},{"sectionNumber":"Part 9","sectionType":"part","heading":"Other disease","content":"# Part 9 Other disease\n\n|  | Column 1Disease | Column 2Exposure or occupation |\n| 1. | Nystagmus | Occupations involving working in or about an active mining area. |\n| 2. | Compressed air illness – including avascular necrosis | Exposure to increased or reduced atmospheric pressure (including, but not limited to, working underground or underwater and working at high altitude). |\n\nThis notice was made by the WorkCover Tasmania Board on 19 December 2017.\n\nBRADLEY W. PARKER\n\nSecretary\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 27 December 2017","sortOrder":13}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The notice sets out presumptions attaching particular diseases to specified occupations or exposures for the purposes of s.26(3) of the Act. The instrument itself contains no express indication that it alters or narrows the Act's original statutory scope; it operates by listing presumptions and permitting use of the Safe Work Australia report for interpretation (see cl.4(1)–(2), cl.3)."},"complexity_factors":["Cross-reference to the Workers Rehabilitation and Compensation Act 1988, section 26(3) (see cl.4(1)) — interpretation depends on that Act.","Extensive schedules listing many diseases and varied occupational exposures across medical, chemical and environmental categories (Schedule 1, Parts 1–9) — requires occupational and medical expertise to apply.","Frequent use of open-ended phrasing such as \"including, but not limited to\" in exposures and occupations (multiple Schedule items) creates interpretive breadth and uncertainty.","Interpretive reliance on external material: the notice permits use of Safe Work Australia's \"Deemed Diseases in Australia\" (Aug 2015) in interpretation (cl.4(2); defined in cl.3).","Linked presumptions that depend on other presumptions under the Act (e.g. tuberculosis item referring to occupations presumed to cause silicosis) require cross-referencing within the statutory scheme (Schedule 1, Part 1 item 9(b)).","Technical terminology (specific chemicals, radiation, pathogens, physiological conditions) increases evidence and expert-evaluation demands in claims."],"plain_english_summary":"This notice lists specific diseases and names the occupations or exposures that, for the Workers Rehabilitation and Compensation Act 1988, are to be treated as substantially contributing to those diseases. It affects workers, employers and insurers by creating legal presumptions that make it easier for affected workers to establish compensation claims and shift part of the evidentiary and cost burden to employers/insurers."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a presumptive list of occupational diseases for workers' compensation purposes. The extensive schedule reflects comprehensive coverage of known occupational hazards rather than scope creep."},"complexity_factors":["Straightforward structure: short interpretation section (only 4 defined terms), single operative clause, and extensive but simple schedules","No nested conditional logic or cross-referencing between sections beyond basic 'see Schedule 1' references","Schedule tables are purely declarative — disease in column 1, exposure in column 2 — with no exceptions, provisos, or 'unless' clauses","Single external reference (Safe Work Australia report) for interpretive guidance, not mandatory definitional dependency","Length is substantial due to the disease list (50+ entries) but each entry is simple and self-contained"],"plain_english_summary":"This Tasmanian law creates a **\"deemed diseases\"** list for workers' compensation claims. It means that if a worker gets one of these specific diseases and works in the matching occupation or exposure listed, the law **automatically presumes** their job caused the disease. This flips the burden of proof — instead of the sick worker having to prove their job made them ill, the employer or insurer must prove it **didn't**.\n\n**Who it affects:** Workers in Tasmania who develop work-related diseases, especially in high-risk industries like healthcare, mining, construction, agriculture, and manufacturing.\n\n**Why it matters:** Workers' compensation claims for diseases are often hard to prove because diseases can have multiple causes and may take years to appear. This law removes that barrier for 50+ specific conditions — from black lung (coal workers' pneumoconiosis) and asbestos-related lung cancer to hepatitis from needle-stick injuries and vibration-related hand injuries. It speeds up claims and reduces legal battles for workers with clear occupational exposures.\n\n**Key features:**\n- **Schedule 1** contains 9 parts covering: infectious diseases, cancers, nervous system diseases, respiratory diseases, liver diseases, skin diseases, musculoskeletal conditions, poisoning, and other conditions\n- References the **Safe Work Australia** \"Deemed Diseases\" report for interpreting terms\n- Covers both well-known occupational hazards (silicosis, asbestos) and less obvious ones (occupational vitiligo from chemical exposure, nystagmus from mining)"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the notice appears to serve its original stated purpose of listing deemed diseases for workers' compensation purposes in Tasmania. No evidence of scope creep or significant departure from original intent is apparent from the metadata provided, though the full substantive content of the notice was not available for deeper analysis."},"complexity_factors":["The document provided is largely administrative/status information rather than the full substantive text of the notice, limiting full analysis of the disease list and qualifying conditions","Operates as a subordinate instrument (notice) under a parent Act, requiring cross-referencing with the Workers Rehabilitation and Compensation Act to fully understand its effect","The concept of 'deemed' causation has legal nuance, though the practical effect is straightforward for claimants","Has been amended at least once (Table of Amending Instruments referenced), meaning the current version may differ from the original"],"plain_english_summary":"This Tasmanian notice lists “deemed diseases” — illnesses automatically presumed to be caused by particular types of work. It affects Tasmanian workers who developed those listed conditions from relevant occupations, making it far easier to obtain workers’ compensation because they don’t have to prove the work‑causation link."}},"importantCases":[],"_links":{"self":"/api/acts/workers-rehabilitation-and-compensation-deemed-diseases-notice-2017","history":"/api/acts/workers-rehabilitation-and-compensation-deemed-diseases-notice-2017/history","analysis":"/api/acts/workers-rehabilitation-and-compensation-deemed-diseases-notice-2017/analysis","conflicts":"/api/acts/workers-rehabilitation-and-compensation-deemed-diseases-notice-2017/conflicts","importantCases":"/api/acts/workers-rehabilitation-and-compensation-deemed-diseases-notice-2017/important-cases","documents":"/api/acts/workers-rehabilitation-and-compensation-deemed-diseases-notice-2017/documents"}}