sec.36EDPresumption of injury

### sec.36ED Presumption of injury This section applies in relation to a person who— is diagnosed by a psychiatrist, in the way prescribed by regulation, as having post-traumatic stress disorder; and at any time before the diagnosis, was employed as a first responder or an eligible employee. For the purposes of an entitlement to compensation, the post-traumatic stress disorder is taken to be an injury. Subsection (2) applies despite any evidence that the post-traumatic stress disorder arose out of, or in the course of, a circumstance mentioned in section 32 (5) (a) , (b) or (c) . However, subsection (2) does not apply if it is proved that— the post-traumatic stress disorder did not arise out of, or in the course of, the person’s employment as a first responder or an eligible employee; or the person’s employment as a first responder or an eligible employee was not a significant contributing factor to the disorder. s 36ED ins 2021 No. 10 s 3 (sec.36ED-ssec.1) This section applies in relation to a person who— is diagnosed by a psychiatrist, in the way prescribed by regulation, as having post-traumatic stress disorder; and at any time before the diagnosis, was employed as a first responder or an eligible employee. (sec.36ED-ssec.2) For the purposes of an entitlement to compensation, the post-traumatic stress disorder is taken to be an injury. (sec.36ED-ssec.3) Subsection (2) applies despite any evidence that the post-traumatic stress disorder arose out of, or in the course of, a circumstance mentioned in section 32 (5) (a) , (b) or (c) . (sec.36ED-ssec.4) However, subsection (2) does not apply if it is proved that— the post-traumatic stress disorder did not arise out of, or in the course of, the person’s employment as a first responder or an eligible employee; or the person’s employment as a first responder or an eligible employee was not a significant contributing factor to the disorder. - (a) is diagnosed by a psychiatrist, in the way prescribed by regulation, as having post-traumatic stress disorder; and - (b) at any time before the diagnosis, was employed as a first responder or an eligible employee. - (a) the post-traumatic stress disorder did not arise out of, or in the course of, the person’s employment as a first responder or an eligible employee; or - (b) the person’s employment as a first responder or an eligible employee was not a significant contributing factor to the disorder.