QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.36EDeciding number of years
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### sec.36E Deciding number of years
This section applies for deciding the number of years of the person’s employment as a firefighter for section 36D (1) (b) .
A period of 12 months may be included only if, throughout the period, the person—
was employed for the purpose of performing duties that included relevant duties; and
performed relevant duties to the extent reasonably necessary to fulfil the purpose of the person’s employment.
However, the number of years may be made up by taking into account—
more than 1 period of employment; or
periods of employment as more than 1 type of firefighter.
A person was employed for firefighting and attended fires for 10 years before working in administrative and management roles for another 20 years. For section 36D (1) (b) , the person was employed as a firefighter for 10 years.
In this section—
relevant duties means duties that involve—
extinguishing, controlling or preventing the spread of fires; or
exposure to substances used in, or other hazards arising from, extinguishing, controlling or preventing the spread of fires.
s 36E ins 2015 No. 13 s 18 (retro)
amd 2024 No. 40 s 27
(sec.36E-ssec.1) This section applies for deciding the number of years of the person’s employment as a firefighter for section 36D (1) (b) .
(sec.36E-ssec.2) A period of 12 months may be included only if, throughout the period, the person— was employed for the purpose of performing duties that included relevant duties; and performed relevant duties to the extent reasonably necessary to fulfil the purpose of the person’s employment.
(sec.36E-ssec.3) However, the number of years may be made up by taking into account— more than 1 period of employment; or periods of employment as more than 1 type of firefighter. A person was employed for firefighting and attended fires for 10 years before working in administrative and management roles for another 20 years. For section 36D (1) (b) , the person was employed as a firefighter for 10 years.
(sec.36E-ssec.4) In this section— relevant duties means duties that involve— extinguishing, controlling or preventing the spread of fires; or exposure to substances used in, or other hazards arising from, extinguishing, controlling or preventing the spread of fires.
- (a) was employed for the purpose of performing duties that included relevant duties; and
- (b) performed relevant duties to the extent reasonably necessary to fulfil the purpose of the person’s employment.
- (a) more than 1 period of employment; or
- (b) periods of employment as more than 1 type of firefighter. Example— A person was employed for firefighting and attended fires for 10 years before working in administrative and management roles for another 20 years. For section 36D (1) (b) , the person was employed as a firefighter for 10 years.
- (a) extinguishing, controlling or preventing the spread of fires; or
- (b) exposure to substances used in, or other hazards arising from, extinguishing, controlling or preventing the spread of fires.