1Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019

Version No. 005 **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019** **No. 20 of 2019** Version incorporating amendments as at 11 October 2023 **TABLE OF PROVISIONS** *Section Page* Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 3 Principal Act for the purposes of Parts 3 and 4 and 6 to 9 3 Part 2—Firefighters' Presumptive Rights Compensation 4 Division 1—Preliminary 4 4 Definitions 4 4A Meaning of *vehicle and equipment maintenance employee* 5 5 Construction of Act 6 Division 2—Operation of presumption in relation to career firefighters 6 6 Rebuttable presumption as to cause of certain diseases in relation to career firefighters 6 8 Determination as to whether a firefighter is a career firefighter for the purposes of this Division 7 Division 3—Operation of presumption in relation to volunteer firefighters 8 9 Rebuttable presumption as to cause of certain diseases in relation to volunteer firefighters 8 11 Determination of whether a firefighter is a volunteer firefighter for the purposes of this Division 9 12 Determination of whether section 9 requirement is met 9 Division 3A—Operation of presumption in relation to vehicle and equipment maintenance employees 10 12A Rebuttable presumption as to cause of certain diseases in relation to vehicle and equipment maintenance employees 10 12B Determination of whether a person is a vehicle and equipment maintenance employee 11 12C Determination of whether section 12A requirement is met 12 Division 3B—Determination of the qualifying period for firefighters and vehicle and equipment maintenance employees 13 12D Determination of the qualifying period 13 Division 4—Operation of presumption because of special consideration 14 13 Special consideration 14 14 What is an exceptional exposure event? 15 15 Application for special consideration 16 16 Determination of application for special consideration 16 Division 5—General 17 17 Claim for injury occurring on or after 1 June 2016—firefighters 17 17A Claim for injury occurring on or after 1 June 2016—vehicle and equipment maintenance employees 18 18 Compensation for certain diseases due to firefighting by volunteer firefighters 19 19 Compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 and the Country Fire Authority Regulations 2014 21 20 Establishment of advisory committee 22 21 Payments 23 22 Regulations 24 Schedule 1 26 ═════════════ Endnotes 27 1 General information 27 2 Table of Amendments 29 3 Explanatory details 30 **Version No.** **005** **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019** **No. 20 of 2019** Version incorporating amendments as at 11 October 2023 **The Parliament of Victoria enacts:** Part 1—Preliminary 1 Purposes The purposes of this Act are to— (a) provide a rebuttable presumption for— (i) career firefighters suffering from specified forms of cancer that the cancer is presumed to be due to the nature of their employment for the purposes of claiming compensation under the **Workplace Injury Rehabilitation and Compensation Act 2013**; or (ii) volunteer firefighters suffering from specified forms of cancer that the cancer is presumed to be due to the nature of their service as a firefighter for the purposes of claiming compensation under the **Workplace Injury Rehabilitation and Compensation Act 2013**; and (b) amend the **Metropolitan Fire Brigades Act 1958**— (i) to abolish the Metropolitan Fire and Emergency Services Board and to establish Fire Rescue Victoria to take on its functions; and (ii) to abolish the positions of Chief Executive Officer of the Metropolitan Fire and Emergency Services Board and Chief Officer of the Metropolitan Fire and Emergency Services, and to establish the positions of Fire Rescue Commissioner and Deputy Fire Rescue Commissioner; and (iii) to establish the Strategic Advisory Committee to advise Fire Rescue Victoria; and (iv) to change the boundaries of the Fire Rescue Victoria fire district; and (v) to provide a new mechanism for changing the boundaries of the Fire Rescue Victoria fire district by establishing the Fire District Review Panel to review the Fire Rescue Victoria fire district; and (vi) to establish the Fire Services Monitor and the Firefighters Registration Board; and (c) to amend the **Country Fire Authority Act 1958**— (i) to make it an objective of the Country Fire Authority to support the recruitment, development and retention of volunteer officers and members; and (ii) to recognise the Country Fire Authority as a fully volunteer fire fighting service; and (iii) to allow certain functions to be performed and powers to be exercised within the Fire Rescue Victoria fire district; and (d) make consequential and other amendments to other Acts. 2 Commencement (1) This Part and Part 2 come into operation on the day after the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into operation on a day or days to be proclaimed. 3 Principal Act for the purposes of Parts 3 and 4 and 6 to 9 In Parts 3 and 4 and 6 to 9, the **Metropolitan Fire Brigades Act 1958** is called the Principal Act. Part 2—Firefighters' Presumptive Rights Compensation Division 1—Preliminary 4 Definitions (1) In this Act— ***advisory committee*** means the advisory committee established under section 20; ***Authority*** means the Victorian WorkCover Authority; ***career firefighter*** means a person who is or was employed by a fire service as a firefighter in a role in which firefighting duties are or were a substantial portion; ***CFA*** means the Country Fire Authority appointed under the **Country Fire Authority Act 1958**; S. 4(1) def. of *Fire Rescue Victoria* inserted by No. 10/2022 s. 20. ***Fire Rescue Victoria*** means the authority established under the **Fire Rescue Victoria Act 1958**; ***firefighter*** means— (a) a career firefighter; or (b) a volunteer firefighter; ***firefighting*** means exposure to the hazards of a fire scene, including extinguishing, controlling or preventing the spread of fires; S. 4(1) def. of *occupational forest firefighter* inserted by No. 10/2022 s. 20. ***occupational forest firefighter*** has the same meaning as in the **Forests Act 1958**; S. 4(1) def. of *surge forest firefighter* inserted by No. 10/2022 s. 20. ***surge forest firefighter*** has the same meaning as in the **Forests Act 1958**; S. 4(1) def. of *vehicle and equipment maintenance employee* inserted by No. 10/2022 s. 20. ***vehicle and equipment maintenance employee*** has the meaning given by section 4A; ***volunteer firefighter*** means a person who performs or has performed firefighting duties, in a role in which firefighting duties are or were a substantial portion, and who receives or received no remuneration for the performance of those duties. (2) A reference in this Act to ***employment*** in relation to a career firefighter includes appointment. S. 4A inserted by No. 10/2022 s. 21. 4A Meaning of *vehicle and equipment maintenance employee* (1) For the purposes of this Act, ***vehicle and equipment maintenance employee*** means a person who is, or was, employed in duties involving the mechanical, auto-electrical or fitting and turning maintenance and repair of firefighting vehicles and equipment. (2) The role of the person must include the attendance at fires from time to time to maintain and repair firefighting vehicles and equipment. (3) The person must be, or must have been, employed by the CFA or Fire Rescue Victoria. 5 Construction of Act (1) This Act is to be read as if it formed part of the **Workplace Injury Rehabilitation and Compensation Act 2013**. (2) If there is an inconsistency between this Act and the **Workplace Injury Rehabilitation and Compensation Act 2013**, this Act prevails to the extent of the inconsistency. (3) Unless inconsistent with the context or subject‑matter, words and expressions defined in section 3 of the **Workplace Injury Rehabilitation and Compensation Act 2013** have the same meaning in this Act as they have in that Act. (4) If a firefighter satisfies the presumption under Division 2, 3 or 4, their disease is to be taken to be an injury within the meaning of the **Workplace Injury Rehabilitation and Compensation Act 2013**. S. 5(5) repealed by No. 20/2019 s. 192. * * * * * Division 2—Operation of presumption in relation to career firefighters 6 Rebuttable presumption as to cause of certain diseases in relation to career firefighters (1) An injury to a career firefighter is presumed to be due to the nature of their employment as a firefighter if— (a) the injury— (i) is a disease referred to in column 1 of the Table in Schedule 1; and (ii) occurs on or after 1 June 2016; and (b) the injury occurs during a period in which the worker is employed as a career firefighter or within the 10 year period after the worker ceases to be employed or served as a firefighter; and (c) before the date on which the injury that is a disease referred to in column 1 of the Table in Schedule 1 occurred the worker is or was employed, or served as a firefighter, for at least the qualifying period specified in column 2 of that Table opposite the disease— in the absence of proof to the contrary. (2) For the purposes of this section, if a worker suffers an injury that is a disease specified in column 1 of the Table in Schedule 1, the injury is to be taken to have occurred on the day on which the worker— (a) is first diagnosed as suffering from the disease; or (b) dies by reason of the disease— whichever occurs first. S. 7 repealed by No. 10/2022 s. 22. * * * * * 8 Determination as to whether a firefighter is a career firefighter for the purposes of this Division (1) If a firefighter is employed as a career firefighter at the time the injury occurs, they are to be taken to be a career firefighter for the purposes of this Division. S. 8(2) amended by No. 10/2022 s. 23(a). (2) If a person has ceased employment as a career firefighter, they are to be taken to be a career firefighter for the purposes of this Division if— S. 8(2)(a) amended by No. 10/2022 s. 23(b). (a) their most recent employment or service as a firefighter or vehicle and equipment maintenance employee was as a career firefighter; or S. 8(2)(b) amended by No. 10/2022 s. 23(c). (b) on balance, the greatest proportion of their employment or service as a firefighter or vehicle and equipment maintenance employee was as a career firefighter. Division 3—Operation of presumption in relation to volunteer firefighters 9 Rebuttable presumption as to cause of certain diseases in relation to volunteer firefighters (1) An injury to a volunteer firefighter is presumed to be due to the nature of their service as a firefighter if— (a) the injury— (i) is a disease referred to in column 1 of the Table in Schedule 1; and (ii) occurs on or after 1 June 2016; and (b) the injury occurs during a period in which the volunteer firefighter served as a firefighter or within the 10 year period after the volunteer firefighter ceases to serve as a firefighter; and (c) before the date on which the injury that is a disease referred to in column 1 of the Table in Schedule 1 occurred, the volunteer firefighter served as a firefighter for at least the qualifying period specified in column 2 of that Table opposite the disease, and the volunteer firefighter attended fires to the extent reasonably necessary to fulfil the purpose of their service as a firefighter— in the absence of proof to the contrary. (2) For the purposes of this section, if a volunteer firefighter suffers an injury that is a disease specified in column 1 of the Table in Schedule 1, the injury is to be taken to have occurred on the day on which the volunteer firefighter— (a) is first diagnosed as suffering from the disease; or (b) dies by reason of the disease— whichever occurs first. S. 10 repealed by No. 10/2022 s. 24. * * * * * 11 Determination of whether a firefighter is a volunteer firefighter for the purposes of this Division (1) Subject to section 8(2), if a firefighter is serving as a volunteer firefighter at the time the injury occurs, they are to be taken to be a volunteer firefighter for the purposes of this Division. S. 11(2) substituted by No. 10/2022 s. 25. (2) Subject to sections 8(2) and 12B(2), if a person has ceased employment or service as a firefighter or vehicle and equipment maintenance employee, they are to be taken to be a volunteer firefighter for the purposes of this Division if their most recent service or employment as a firefighter or vehicle and equipment maintenance employee was as a volunteer firefighter. 12 Determination of whether section 9 requirement is met (1) For the purposes of determining whether a volunteer firefighter attended fires to the extent reasonably necessary to fulfil the purpose of their service as a firefighter under section 9, the Authority must seek an expert opinion from the advisory committee. (2) In providing the expert opinion to the Authority, the advisory committee must have regard to— (a) any relevant records, brigade records, CFA data, employer data and local knowledge; and (b) any other matter prescribed by the regulations. (3) The Authority— (a) must have regard to the expert opinion provided to the Authority under subsection (1); and (b) is not required to make a determination that is consistent with the expert opinion provided under subsection (1). Pt 2 Div. 3A (Heading and ss 12A–12C) inserted by No. 10/2022 s. 26. Division 3A—Operation of presumption in relation to vehicle and equipment maintenance employees S. 12A inserted by No. 10/2022 s. 26. 12A Rebuttable presumption as to cause of certain diseases in relation to vehicle and equipment maintenance employees (1) An injury to a vehicle and equipment maintenance employee is presumed to be due to the nature of their employment as a vehicle and equipment maintenance employee if— (a) the injury— (i) is a disease referred to in column 1 of the Table in Schedule 1; and (ii) occurs on or after 1 June 2016; and (b) the injury occurs during a period in which the worker is employed as a vehicle and equipment maintenance employee or within the 10 year period after the worker ceases to be employed as a vehicle and equipment maintenance employee; and (c) before the date on which the injury that is a disease referred to in column 1 of the Table in Schedule 1 occurred, the worker is or was employed as a vehicle and equipment maintenance employee for at least the qualifying period specified in column 2 of that Table opposite the disease, and the worker attended fires to the extent reasonably necessary to fulfil the purpose of their employment as a vehicle and equipment maintenance employee— in the absence of proof to the contrary. (2) For the purposes of this section, if a vehicle and equipment maintenance employee suffers an injury that is a disease specified in column 1 of the Table in Schedule 1, the injury is to be taken to have occurred on the day on which the vehicle and equipment maintenance employee— (a) is first diagnosed as suffering from the disease; or (b) dies by reason of the disease— whichever occurs first. S. 12B inserted by No. 10/2022 s. 26. 12B Determination of whether a person is a vehicle and equipment maintenance employee (1) Subject to section 8(2), if a person is employed as a vehicle and equipment maintenance employee at the time the injury occurs, they are taken to be a vehicle and equipment maintenance employee for the purposes of this Division. (2) Subject to section 8(2), if a person has ceased employment as a vehicle and equipment maintenance employee, they are taken to be a vehicle and equipment maintenance employee for the purposes of this Division if— (a) their most recent employment or service as a vehicle and equipment maintenance employee or firefighter was as a vehicle and equipment maintenance employee; or (b) on balance, the greatest proportion of their employment or service as a vehicle and equipment maintenance employee or firefighter was as a vehicle and equipment maintenance employee. S. 12C inserted by No. 10/2022 s. 26. 12C Determination of whether section 12A requirement is met (1) For the purposes of determining whether a vehicle and equipment maintenance employee attended fires to the extent reasonably necessary to fulfil the purpose of their employment as a vehicle and equipment maintenance employee under section 12A, the Authority must seek an expert opinion from the advisory committee. (2) In providing the expert opinion to the Authority, the advisory committee must have regard to— (a) any relevant records, employer data and local knowledge; and (b) any other matter prescribed by the regulations. (3) The Authority— (a) must have regard to the expert opinion provided to the Authority under subsection (1); and (b) is not required to make a determination that is consistent with the expert opinion provided under subsection (1). Pt 2 Div. 3B (Heading and s. 12D) inserted by No. 10/2022 s. 26. Division 3B—Determination of the qualifying period for firefighters and vehicle and equipment maintenance employees S. 12D inserted by No. 10/2022 s. 26. 12D Determination of the qualifying period (1) For the purposes of determining a period under section 6(1)(c), 9(1)(c) or 12A(1)(c)— (a) a worker is taken to have been employed or served as a firefighter or vehicle and equipment maintenance employee for a full year in respect of any year the worker was employed or served as a firefighter or vehicle and equipment maintenance employee for only part of that year; and (b) the following periods may be combined— (i) any period during which the worker was employed as a career firefighter; (ii) any period during which the worker served as a volunteer firefighter; (iii) any period during which the worker was employed as a vehicle and equipment maintenance employee; (iv) any period during which the worker was employed as an occupational forest firefighter; (v) any period during which the worker served as a surge forest firefighter. (2) For the purposes of subsection (1)(b), any consecutive or non-consecutive periods during which a worker has been employed or has served as specified in subparagraph (i), (ii), (iii), (iv) or (v) of subsection (1)(b) may be combined. (3) If a worker has been employed or has served as specified in 2 or more subparagraphs of subsection (1)(b) at the same time, the period of concurrent employment or service is to be counted once only for the purposes of subsection (1)(b). Division 4—Operation of presumption because of special consideration 13 Special consideration (1) If a firefighter— (a) suffers an injury that is a disease referred to in column 1 of the Table in Schedule 1; and (b) would not be entitled to the presumption under Division 2 or 3 only because the firefighter does not satisfy the relevant qualifying period; and (c) can prove in accordance with this Division that the firefighter has had an exceptional exposure event in a firefighting capacity whether within or outside Victoria while employed or serving as a firefighter— the injury is presumed to be due to the nature of their employment or service as a firefighter. S. 13(1A) inserted by No. 10/2022 s. 27(1). (1A) If a vehicle and equipment maintenance employee— (a) suffers an injury that is a disease referred to in column 1 of the Table in Schedule 1; and (b) would not be entitled to the presumption under Division 3A only because the vehicle and equipment maintenance employee does not satisfy the relevant qualifying period; and (c) can prove in accordance with this Division that the vehicle and equipment maintenance employee has had an exceptional exposure event in the course of attending a fire to repair and maintain firefighting vehicles and equipment whether within or outside Victoria while employed as a vehicle and equipment maintenance employee— the injury is presumed to be due to the nature of their employment as a vehicle and equipment maintenance employee. S. 13(2) amended by No. 10/2022 s. 27(2). (2) A person who intends to rely on subsection (1) or (1A) must make an application for special consideration in accordance with section 15. S. 14 amended by No. 10/2022 s. 28(a). 14 What is an exceptional exposure event? For the purposes of determining whether a firefighter or vehicle and equipment maintenance employee has had an exceptional exposure event, regard must be given to the following— (a) the nature of the event; S. 14(b) amended by No. 10/2022 s. 28(b). (b) whether there are any relevant findings from a coroner, any court proceedings or other official inquiry regarding an event known to have exposed firefighters or vehicle and equipment maintenance employees to carcinogens, and if so, the nature of the findings; (c) any relevant records, brigade records, CFA data, employer data or local knowledge; (d) any other matter prescribed by the regulations. 15 Application for special consideration (1) An application for special consideration must be— (a) in the manner and form prescribed by the regulations; and (b) made to the Authority. (2) An application for special consideration may only be made— (a) at the same time as a claim for compensation is made; or (b) after a claim for compensation has been made but before the claim has been accepted or rejected; or (c) within the period of 60 days after the claim for compensation has been rejected. S. 15(3) amended by No. 10/2022 s. 29. (3) In subsection (2) and section 16, a ***claim for compensation*** means a claim for compensation under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of which the presumption under Division 2, 3 or 3A is invoked. 16 Determination of application for special consideration (1) The Authority must determine an application for special consideration only if the Authority has rejected a claim for compensation by the applicant. S. 16(2) amended by No. 10/2022 s. 30. (2) The Authority must forward an application for special consideration to the advisory committee for an expert opinion as to whether the firefighter or vehicle and equipment maintenance employee (as appropriate) has had an exceptional exposure event. (3) The Authority must forward the application for special consideration as soon as practicable after the Authority has— (a) received the application for special consideration; or (b) has rejected the claim for compensation— whichever occurs later. (4) The Authority must, within the period of 10 days after receiving the expert opinion from the advisory committee, determine the application for special consideration having regard to the expert opinion. (5) The Authority is not required to make a determination of the application for special consideration that is consistent with the expert opinion. Division 5—General S. 17 (Heading) amended by No. 10/2022 s. 31. 17 Claim for injury occurring on or after 1 June 2016—firefighters (1) If before the commencement of this Part— (a) a firefighter has made a claim for compensation under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of an injury that is a disease referred to in column 1 of the Table in Schedule 1 which occurred on or after 1 June 2016; and (b) the Authority has rejected the claim for compensation— the firefighter is entitled to make a new claim for compensation in accordance with this Act. (2) If before the commencement of this Part— (a) a firefighter has made a claim for compensation in accordance with Part 6 of the Country Fire Authority Regulations 2014 in respect of an injury that is a disease referred to in column 1 of the Table in Schedule 1 which occurred on or after 1 June 2016; and (b) the CFA has rejected the claim for compensation— the firefighter is entitled to make a new claim for compensation in accordance with this Act. S. 17A inserted by No. 10/2022 s. 32. 17A Claim for injury occurring on or after 1 June 2016—vehicle and equipment maintenance employees If, before the commencement of Part 5 of the **Workplace Safety Legislation and Other Matters Amendment Act 2022**— (a) a vehicle and equipment maintenance employee has made a claim for compensation under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of an injury that is a disease referred to in column 1 of the Table in Schedule 1 which occurred on or after 1 June 2016; and (b) the Authority has rejected the claim for compensation— the vehicle and equipment maintenance employee is entitled to make a new claim for compensation in accordance with this Act. 18 Compensation for certain diseases due to firefighting by volunteer firefighters (1) Subject to section 19, if an injury to a volunteer firefighter is deemed under this Act to be due to the nature of their service as a firefighter, the volunteer firefighter must make a claim for compensation under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of that injury. (2) The compensation must be paid in accordance with and subject to the **Workplace Injury Rehabilitation and Compensation Act 2013** as if the volunteer firefighter were a worker within the meaning of that Act and the disease were an injury arising out of or in the course of their employment. (3) A claim for compensation must be made to the Authority in accordance with the **Workplace Injury Rehabilitation and Compensation Act 2013**. (4) All matters relating to compensation must be determined in accordance with the **Workplace Injury Rehabilitation and Compensation Act 2013** by the Authority, the Conciliation Service, a Medical Panel, the County Court or the Magistrates' Court, as the case requires. (5) In making a determination in relation to any matter referred to in subsection (2), the Authority, the Conciliation Service, a Medical Panel, the County Court or the Magistrates' Court must, as far as practicable, be guided by reference to the applicable provisions of the **Workplace Injury Rehabilitation and Compensation Act 2013** governing the corresponding matter in that Act. (6) For the purpose of assessing compensation, the pre-injury average weekly earnings of a volunteer firefighter is to be computed by the Authority, the Conciliation Service, a Medical Panel, the County Court or the Magistrates' Court— (a) by reference to the volunteer firefighter's employment by any employer or employers during the relevant period before the injury; or (b) if the volunteer firefighter was not then working under a contract of service, on any basis that, in the opinion of the Authority, the Conciliation Service, a Medical Panel, the County Court or the Magistrates' Court, is best calculated to give the appropriate compensation for the volunteer firefighter's loss of earning capacity— but so that any relevant maximum limits imposed by the **Workplace Injury Rehabilitation and Compensation Act 2013** are not exceeded. (7) For the purposes of enabling a return to work of a volunteer firefighter, the Authority may do any of the following— (a) plan the volunteer firefighter's return to work; (b) approve a provider of occupational rehabilitation services for the purposes of planning the volunteer firefighter's return to work under paragraph (a); (c) provide alternative assistance or programs to the volunteer firefighter or in respect of the employment of the volunteer firefighter. (8) The Authority must make any payment of compensation under this section out of the WorkCover Authority Fund. (9) For the purposes of subsection (8), any reasonable costs and expenses (including legal costs) incurred in administering claims under this section are taken to be a payment of compensation. 19 Compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 and the Country Fire Authority Regulations 2014 (1) A volunteer firefighter is not entitled to make a claim for compensation in respect of the same injury under the **Workplace Injury Rehabilitation and Compensation Act 2013** and in accordance with Part 6 of the Country Fire Authority Regulations 2014 at the same time. (2) Subject to subsection (4), if a volunteer firefighter's claim under Division 3 is rejected, the volunteer firefighter may make a claim for compensation in accordance with Part 6 of the Country Fire Authority Regulations 2014 in respect of the same injury and is entitled to have the claim determined in accordance with that Division. (3) The rejection of a volunteer firefighter's claim under Division 3 does not prejudice the volunteer firefighter's claim for compensation in accordance with Part 6 of the Country Fire Authority Regulations 2014. (4) A volunteer firefighter is not entitled to make a claim for compensation in accordance with Part 6 of the Country Fire Authority Regulations 2014 if the volunteer firefighter's claim in respect of the same injury is rejected under Division 3 because the Authority proved that the injury was not due to the nature of the volunteer firefighter's service as a firefighter. (5) If the volunteer firefighter's claim in accordance with Part 6 of the Country Fire Authority Regulations 2014 is rejected, the volunteer firefighter may make a claim under Division 3 in respect of the same injury and is entitled to have the claim determined in accordance with that Division. (6) The rejection of a volunteer firefighter's claim for compensation in accordance with Part 6 of the Country Fire Authority Regulations 2014 does not prejudice the volunteer firefighter's claim under Division 3. (7) A volunteer firefighter is not entitled to compensation in relation to the same injury under the **Workplace Injury Rehabilitation and Compensation Act 2013** and in accordance with Part 6 of the Country Fire Authority Regulations 2014. (8) The Authority and the CFA may exchange any document produced or served or information acquired in respect of a proceeding or claim for compensation by a volunteer firefighter in relation to the same injury under the **Workplace Injury Rehabilitation and Compensation Act 2013** and in accordance with Part 6 of the Country Fire Authority Regulations 2014. 20 Establishment of advisory committee (1) The Minister must establish an advisory committee for the purposes of this Act in accordance with the regulations. (2) The purpose of the advisory committee is to provide an expert opinion to the Authority as to— (a) whether a volunteer firefighter has attended fires to the extent reasonably necessary to fulfil the purposes of service as a firefighter as required by section 9(1)(c); or S. 20(2)(ab) inserted by No. 10/2022 s. 33(a). (ab) whether a vehicle and equipment maintenance employee has attended fires to the extent reasonably necessary to fulfil the purpose of their employment as a vehicle and equipment maintenance employee as required by section 12A(1)(c); or S. 20(2)(b) amended by No. 10/2022 s. 33(b). (b) whether a firefighter or vehicle and equipment maintenance employee has had an exceptional exposure event. (3) Without limiting the generality of section 22, the regulations may make provision for or with respect to— (a) the appointment of the advisory committee, including— (i) the number of members; and (ii) the experience or qualifications of members; and (iii) remuneration of members; and (b) the powers and procedures of the advisory committee, including conditions of confidentiality of information provided to the advisory committee; and (c) the form of an expert opinion and the process for providing an expert opinion to the Authority. 21 Payments (1) The Authority must make any payments necessary for the purposes of the administration of this Act (other than section 18) out of the WorkCover Authority Fund. (2) There is to be paid into the WorkCover Authority Fund out of the Consolidated Fund, which is to the necessary extent appropriated accordingly, the amount of any payments under section 18. 22 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations may— (a) confer powers or impose duties in connection with the regulations on any specified person or specified class of persons; and (b) apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time. Pts 3−11 (Headings and ss 23−192) repealed by No. 20/2019 s. 192. * * * * * Sch. 1 amended by No. 26/2023 s. 26. Schedule 1 | | *Column 1* | *Column 2* | | --- | --- | --- | | | *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 | | 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 | Primary site cervical cancer | 10 years | | 14 | Primary site ovarian cancer | 10 years | | 15 | Primary site uterine cancer | 10 years | ═════════════ Endnotes 1 General information See [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. *Minister's second reading speech—* *Legislative Assembly: 4 June 2019* *Legislative Council: 7 June 2019* The long title for the Bill for this Act was "A Bill for an Act to provide a rebuttable presumption for career firefighters and volunteer firefighters suffering from specified forms of cancer for the purposes of claiming compensation under the **Workplace Injury Rehabilitation and Compensation Act 2013**, to amend the **Metropolitan Fire Brigades Act 1958**, the **Country Fire Authority Act 1958** and certain other Acts to reform fire services and for other purposes." The **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019** was assented to on 2 July 2019 and came into operation as follows: Parts 1, 2 (sections 1–22) on 3 July 2019: section 2(1); Parts 3–11 (sections 23–192) on 1 July 2020: Special Gazette (No. 328) 30 June 2020 page 1. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act 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. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019** | Assent Date: | 2.7.19 | | --- | --- | | Commencement Date: | S. 192 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 | | Note: | S. 192 repealed s. 5(5) and Pts 3–11 (ss 23–192) on 1.7.21 | | Current State: | This information relates only to the provision/s amending the **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019** | **Workplace Safety Legislation and Other Matters Amendment Act 2022, No. 10/2022** | Assent Date: | 16.3.22 | | --- | --- | | Commencement Date: | Ss 20–33 on 1.9.22: Special Gazette (No. 439) 30.8.22 p. 1 | | Current State: | This information relates only to the provision/s amending the **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019** | **Justice Legislation Amendment Act 2023, No. 26/2023** | Assent Date: | 10.10.23 | | --- | --- | | Commencement Date: | S. 26 on 11.10.23: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.