50AEligibility of firefighter for compensation for prescribed

50A Eligibility of firefighter for compensation for prescribed disease (1) Despite any other provision of this Act, but subject to section 203A, unless a contrary intention is established, a disease is taken to have been contracted by a worker in the course of a period of employment, and the employment is taken to have materially contributed to the worker's contraction of the disease, if the following conditions are met: (a) the worker is or was a firefighter; (b) the disease is a prescribed disease; (c) the worker: (i) is, on the onset day for the prescribed disease, working as an active firefighter and had been so working for a period at least as long as the prescribed qualifying period for the prescribed disease; or

Return to Work Act 1986 35 (ii) had been, within the 10 years immediately preceding that onset day, working as an active firefighter and had been so working for a period at least as long as the prescribed qualifying period for the prescribed disease; (d) that onset day is on or after 4 July 2011. (2) All periods during which a worker is working, or worked, as an active firefighter are to be added together for the calculation of the relevant prescribed qualifying period. (3) For this section: firefighter includes a person who is one of the following: (a) a volunteer firefighter; (b) a fire control officer (including a senior fire control officer or the chief fire control officer) appointed under the Bushfires Management Act 2016; (c) a worker employed by the Territory for the prevention or control of bushfires who is also a fire warden appointed under section 43 of the Bushfires Management Act 2016. onset day, in relation to a worker and a prescribed disease, means the earliest of the following: (a) the day on which the worker is first diagnosed by a medical practitioner as having contracted the prescribed disease; (b) the day on which the worker becomes incapacitated for work, if the prescribed disease resulted in, or materially contributed to, the incapacity; (c) the day on which the worker dies, if the prescribed disease resulted in, or materially contributed to, the death. prescribed disease means a disease prescribed by regulation. volunteer firefighter means a natural person to whom section 3(8) or (8A) applies.

Return to Work Act 1986 36 working as an active firefighter, in relation to a worker at a particular time or during a particular period, means: (a) if the worker is a volunteer firefighter at the particular time or during the particular period: (i) the worker is working as a volunteer firefighter at the time or during the period and, while so working, is actively involved in fighting fires; and (ii) the worker is exposed to the hazards of not fewer than the prescribed number of fires within any period: (A) during which the worker is so working as a volunteer firefighter; and (B) that is at least as long as the relevant prescribed firefighting period; or (b) if the worker is a firefighter (including a person appointed to be an auxiliary member under the Fire and Emergency Act 1996) other than a volunteer firefighter – the worker was required under his or her contract of employment to be exposed to the hazards of fighting fires.