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] [Section 26 Substituted by No. 39 of 2017, s. 10, Applied:01 Jan 2018]

(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) 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) , if a worker –

(a) suffers a disease that is specified in a notice under subsection (1) ; 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.