10APresumptions relating to certain cancers—firefighters

#### 10A Presumptions relating to certain cancers—firefighters 10A Presumptions relating to certain cancers—firefighters > > (1) In the application of this Act to an eligible volunteer firefighter, it is presumed (unless the contrary is established) that— > > > > > (a) the disease contracted by the worker was contracted in the course of fighting a bush fire, and > > > > > (b) the fighting of the bush fire was a contributing factor to the disease. > > > (2) This section applies to an official fire fighter (an eligible volunteer firefighter) who— > > > > > (a) in the capacity of an official fire fighter, has at any time performed firefighting activities, and > > > > > (b) has contracted a disease that is a cancer of a kind specified in Schedule 4 to the Principal Act. > > > (3) This section does not apply to a disease contracted by an eligible volunteer firefighter if the total aggregate period during which the eligible volunteer firefighter has served as an official fire fighter as at the date of injury (the service period) is less than the qualifying service period specified for the disease in Schedule 4 to the Principal Act. > > > (4) Any period during which an eligible volunteer firefighter has been engaged in firefighting employment is to be counted towards the service period. > > > (5) However, any period during which the eligible volunteer firefighter concurrently performs service as an official fire fighter and engages in firefighting employment is to be counted once only. > > > (6) For the purposes of the application of section 261 of the 1998 Act to a disease to which a presumption under this section applies, the period required by that section for the making of a claim for compensation in respect of the disease is taken to commence on the date of injury in relation to the disease (regardless of when the eligible volunteer firefighter or any other person first became aware of the disease). > > > (7) In this section— > > > > date of injury, in relation to a disease, means the date of whichever of the following occurs first— > > > > > (a) the disease is first diagnosed by a medical practitioner, > > > > > (b) the official fire fighter dies as a result of the disease. > > > > firefighting activities and firefighting employment have the same meanings as in section 19A of the Principal Act. > > **s 10A:** Ins 2018 No 93, Sch 2.