26Presumption as to cause of disease

### 26 Presumption as to cause of disease > [*\[Section 26 Subsection (1) amended by No. 42 of 2007, s. 10, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS10@EN) [*\[Section 26 Substituted by No. 39 of 2017, s. 10, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS10@EN) > > > (1)  The Board, by notice, may specify an occupation, or an exposure, to be an occupation or exposure that is to be presumed to contribute to a substantial degree to a disease specified in the notice. > > > (2)  A notice under [subsection (1)](#GS26@Gs1@EN) may specify an occupation, or an exposure, by adopting, with the modifications, omissions, or additions, if any, specified in the notice, an instrument that – > > > > > > (a) is made by Safe Work Australia or another person or body that is prescribed; and > > > > > > > (b) specifies an occupation, or an exposure, to be an occupation or exposure that is to be presumed to contribute to a substantial degree to a disease specified in the instrument. > > > (3)  Subject to [section 25(2)](#GS25@Gs2@EN) , if a worker – > > > > > > (a) suffers a disease that is specified in a notice under [subsection (1)](#GS26@Gs1@EN) ; and > > > > > > > (b) has been employed in an occupation, or has been subject to an exposure at the person's workplace, that is specified in the notice to be presumed to contribute to a substantial degree to the disease – > > > > it is to be presumed, in the absence of evidence to the contrary, that the worker's employment contributed to a substantial degree to that disease. > > > (4)  In this section – > > > > > ***Safe Work Australia*** means Safe Work Australia established by section 5 of the *Safe Work Australia Act 2008* of the Commonwealth.