7Provisions relating to diseases

#### 7 Provisions relating to diseases (1) Where: (a) an employee has suffered, or is suffering, from a disease or the death of an employee results from a disease; (b) the disease is of a kind specified by the Minister, by legislative instrument, as a disease related to employment of a kind specified in the instrument; and (c) the employee was, at any time before symptoms of the disease first became apparent, engaged by the Commonwealth or a licensed corporation in employment of that kind; the employment in which the employee was so engaged shall, for the purposes of this Act, be taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established. (2) Where an employee contracts a disease, any employment in which he or she was engaged by the Commonwealth or a licensed corporation at any time before symptoms of the disease first became apparent shall, unless the contrary is established, be taken, for the purposes of this Act, to have contributed, to a significant degree, to the contraction of the disease if the incidence of that disease among persons who have engaged in such employment is significantly greater than the incidence of the disease among persons who have engaged in other employment in the place where the employee is ordinarily employed. (3) Where an employee suffers an aggravation of a disease, any employment in which he or she was engaged by the Commonwealth or a licensed corporation at any time before symptoms of the aggravation first became apparent shall, unless the contrary is established, be taken, for the purposes of this Act, to have contributed, to a significant degree, to the aggravation if the incidence of the aggravation of that disease among persons suffering from it who have engaged in such employment is significantly greater than the incidence of the aggravation of that disease among persons suffering from it who have engaged in other employment in the place where the employee was ordinarily employed. (4) For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when: (a) the employee first sought medical treatment for the disease, or aggravation; or (b) the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee; whichever happens first. (5) The death of an employee shall be taken, for the purposes of this Act, to have resulted from a disease or an aggravation of a disease, if, but for that disease or aggravation, as the case may be, the death of the employee would have occurred at a significantly later time. (6) An incapacity for work or impairment of an employee shall be taken, for the purposes of this Act, to have resulted from a disease, or an aggravation of a disease, if, but for that disease or aggravation, as the case may be: (a) the incapacity or impairment would not have occurred; (b) the incapacity would have commenced, or the impairment would have occurred, at a significantly later time; or (c) the extent of the incapacity or impairment would have been significantly less. (7) A disease suffered by an employee, or an aggravation of such a disease, shall not be taken to be an injury to the employee for the purposes of this Act if the employee has at any time, for purposes connected with his or her employment or proposed employment by the Commonwealth or a licensed corporation, made a wilful and false representation that he or she did not suffer, or had not previously suffered, from that disease. Diseases suffered by firefighters (8) If an employee: (a) suffers a disease mentioned in the following table; and (b) before the disease was sustained, was employed as a firefighter for the qualifying period mentioned for that disease; and (c) was exposed to the hazards of a fire scene during that period; and (d) in the case of a cancer of a kind covered by item 13 of the following table—satisfies the conditions (if any) prescribed for such a cancer; the employment is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established. | Item | 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 | 15 years | | 13 | A cancer of a kind prescribed for this table | The period prescribed for such a cancer | (9) For the purposes of subsection (8): (a) an employee is taken to have been employed as a firefighter if the relevant authority is satisfied that firefighting or related duties made up a not insubstantial portion of his or her duties; and (b) an employee who was employed as a firefighter for 2 or more periods that add up to the qualifying period is taken to have been so employed for the qualifying period; and (ba) for an employee of the Australian Capital Territory specified in a declaration under subsection 5(15)—the employee is taken to have been employed as a firefighter during any period for which the employee was a member of a firefighting service; and (c) an employee is taken to have been employed as a firefighter only if he or she was employed as a firefighter by the Commonwealth, a Commonwealth authority or a licensed corporation. (9A) If a declaration under subsection (9B) is in force, then when determining for the purposes of paragraph 7(9)(a) whether firefighting or related duties made up a not insubstantial portion of the duties of an employee of the Australian Capital Territory, being an employee: (a) covered by paragraph 5(11)(e) or (ea) as a result of being a volunteer member (however described) of a body referred to in either of those paragraphs; or (b) specified in a declaration under subsection 5(15); the relevant authority must: (c) by writing, request the declared ACT firefighting advisory committee to give the relevant authority written advice in relation to the matter within a reasonable period specified in the request; and (d) have regard to any such advice provided within that period. (9B) If the Chief Minister for the Australian Capital Territory so requests in writing, the Minister may, by legislative instrument, declare that a committee or other body (however described) that is established: (a) by or under an ACT enactment; or (b) by a written instrument made by a Minister (including the Chief Minister) of the Australian Capital Territory; is the declared ACT firefighting advisory committee for the purposes of subsection (9A). (9C) A reference in subsection (9) or (9A) to the duties of an employee includes, in relation to an employee of the Australian Capital Territory specified in a declaration under subsection 5(15), a reference to the activities to which that subsection applies that were engaged in by the employee. (10) Subsection (8) does not limit, and is not limited by, subsections (1) and (2). Post‑traumatic stress disorder suffered by certain employees (11) If: (a) an employee has been diagnosed by a legally qualified medical practitioner or psychologist as suffering, or having suffered, from post‑traumatic stress disorder in accordance with the diagnostic criteria in: (i) the Diagnostic and Statistical Manual of Mental Disorders, fifth edition text revision (DSM‑5‑TR), published by the American Psychiatric Association in 2022; or (ii) if a later edition of the Diagnostic and Statistical Manual of Mental Disorders is specified by the Minister by legislative instrument—that later edition of the Manual; and (b) at any time before symptoms of post‑traumatic stress disorder became apparent, the employee: (i) was employed as a first responder in accordance with subsection (13); or (ii) was a member of a class of employees declared by the Minister, by legislative instrument made under subsection (13A), to be a class to which this subparagraph applies; the employee’s employment as a first responder or as a member of the class of employees declared under subsection (13A) is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the post‑traumatic stress disorder, unless the contrary is established. (13) For the purposes of subparagraph (11)(b)(i), an employee was employed as a first responder at a time if, at that time, the employee: (a) was the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or (b) was employed as a firefighter; or (c) was employed as an ambulance officer (including as a paramedic); or (d) was employed as an emergency services communications operator; or (e) was a member of an emergency service (within the meaning of the Emergencies Act 2004 (ACT)); or (f) was the Australian Border Force Commissioner; or (g) was an APS employee in the Australian Border Force. (13A) If the Minister is satisfied that the incidence of post‑traumatic stress disorder among a class of employees is significantly greater than the incidence of post‑traumatic stress disorder among the general public, the Minister may, by legislative instrument, declare that class of employees to be a class of employees to which subparagraph (11)(b)(ii) applies. (14) Subsection (11) does not limit, and is not limited by, subsections (1) and (2).