27Presumption as to cause of certain diseases in relation to fire-fighters

### 27 Presumption as to cause of certain diseases in relation to fire-fighters > [*\[Section 27 Repealed by No. 65 of 2004, s. 8, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS8@EN) > > > (1)  Subject to [section 25(2)](#GS25@Gs2@EN) , where – > > > > > > (a) a worker suffers an injury – > > > > > > > > > > (i) that is a disease referred to in column 1 of [Schedule 5](#JS5@EN) ; and > > > > > > > > > > > (ii) that occurs on or after the day on which this section commences; and > > > > > > > (b) the injury occurs during a period in which the worker is employed as a fire-fighter or within the 10-year period after the worker ceases to be employed as a fire-fighter; and > > > > > > > (c) [*\[Section 27 Subsection (1) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hpa@EN) before the date on which the injury that is a disease referred to in column 1 of [Schedule 5](#JS5@EN) occurred, the worker is employed as a fire-fighter for at least the period specified in column 2 of [Schedule 5](#JS5@EN) opposite the disease – > > > > > > > (d) [*\[Section 27 Subsection (1) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hpb@EN) .  .  .  .  .  .  .  .   > > > > the worker's employment as a fire-fighter is, in the absence of evidence to the contrary, taken to have contributed to a substantial degree to that injury. > > > (2)  For the purposes of this section – > > > > > > (a) [*\[Section 27 Subsection (2) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hpc@EN) a person is employed as a fire-fighter if the person is employed as a career fire-fighter or an occupational fire-fighter or is engaged as a volunteer fire-fighter; and > > > > > > > (b) a reference to employment as a fire-fighter includes a reference to engagement as a volunteer fire-fighter; and > > > > > > > (c) a reference to a period of employment of a worker as a fire-fighter includes a reference to a period – > > > > > > > > > > (i) beginning on the first day on which the worker is a volunteer fire-fighter; and > > > > > > > > > > > (ii) ending on the last day, before the worker suffers an injury to which this section relates, on which the worker is a volunteer fire-fighter. > > > (3)  For the purposes of determining a period under [subsection (1)(c)](#GS27@Gs1@Hpc@EN) , all periods of employment of a worker as a fire-fighter are to be combined. > > > (4)  [*\[Section 27 Subsection (4) omitted by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hpd@EN) .  .  .  .  .  .  .  .   > > > (5)  Despite [section 3(5)](#GS3@Gs5@EN) , where a worker suffers an injury that is a disease, the injury is, for the purposes of this section, to be taken to have occurred on the day on which the worker – > > > > > > (a) is first diagnosed as suffering from the disease; or > > > > > > > (b) becomes partially or totally incapacitated by reason of the disease; or > > > > > > > (c) dies by reason of the disease – > > > > whichever occurs first. > > > (6)  [*\[Section 27 Subsection (6) substituted by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hpe@EN) Despite the amendments to this section made by the [Workers Rehabilitation and Compensation Amendment (Presumption of Cause of Disease) Act 2017](/view/html/inforce/2026-04-12/act-2017-057) , this section, as in force immediately before that Act commences, applies to an injury if the injury is to be taken to have occurred, in accordance with [subsection (5)](#GS27@Gs5@EN) , before 31 October 2017. > > > (6A)  [*\[Section 27 Subsection (6A) inserted by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hpe@EN) This section, as amended by the [Workers Rehabilitation and Compensation Amendment (Presumption of Cause of Disease) Act 2017](/view/html/inforce/2026-04-12/act-2017-057) , applies to an injury if the injury is to be taken to have occurred, in accordance with [subsection (5)](#GS27@Gs5@EN) , on or after 31 October 2017. > > > (6B)  [*\[Section 27 Subsection (6B) inserted by No. 41 of 2022, s. 4, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS4@Hpa@EN) This section, as amended by the *Workers Rehabilitation and Compensation Amendment Act 2022*, applies to an injury if the injury is to be taken to have occurred, in accordance with [subsection (5)](#GS27@Gs5@EN) , on or after the day on which that Act commences. > > > (7)  The regulations may amend [Schedule 5](#JS5@EN) by – > > > > > > (a) varying or rescinding any matter set out in the Schedule; or > > > > > > > (b) adding a disease and a period to the Schedule. > > > (7A)  [*\[Section 27 Subsection (7A) inserted by No. 28 of 2023, s. 4, Applied:07 Nov 2023\]*](/view/html/inforce/2023-11-07/act-2023-028#GS4@EN) For the avoidance of doubt, the amendment of [Schedule 5](#JS5@EN) by a provision of an Act does not prevent the further amendment of that Schedule by regulations that are made in accordance with [subsection (7)](#GS27@Gs7@EN) . > > > (8)  In this section –[*\[Section 27 Subsection (8) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hpf@EN) > > > > > ***career fire-fighter*** means a worker who – > > > > > > > > (a) is appointed or employed in accordance with [section 24 of the](/view/html/inforce/2026-04-12/act-1979-035#GS24@EN) [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035) ; and > > > > > > > > > (b) who occupies, or has occupied, during such an appointment or employment (whether or not for the whole period of such appointment or employment), a position classified as a "fire-fighter", "station officer", "senior station officer" or "district officer" under the industrial award that relates from time to time to persons carrying out fire-fighting operations; > > > > > ***Chief Officer*** has the same meaning as it has in the [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035) ; > > > > > ***fire-fighter*** means – > > > > > > > > (a) a career fire-fighter; and > > > > > > > > > (b) [*\[Section 27 Subsection (8) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hpg@EN) a volunteer fire-fighter; and > > > > > > > > > (c) [*\[Section 27 Subsection (8) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hph@EN) an occupational fire-fighter; > > > > > ***fire-fighting operations*** – > > > > > > > > (a) [*\[Section 27 Subsection (8) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hpi@EN) in relation to a volunteer fire-fighter or an occupational fire-fighter, has the same meaning as it has in [section 5(3)](#GS5@Gs3@EN) and as if a reference in [section 5(3)](#GS5@Gs3@EN) to training included any meeting, competition, or demonstration, related to the prevention, control or extinguishment of fires; or > > > > > > > > > (b) in relation to a career fire-fighter, has the same meaning as it has in the [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035) ; > > > > > ***fire prevention operations*** has the same meaning as it has in [section 5(3)](#GS5@Gs3@EN) and as if a reference in [section 5(3)](#GS5@Gs3@EN) to training included any meeting, competition, or demonstration, related to the prevention, control or extinguishment of fires; > > > > [*\[Section 27 Subsection (8) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/act-2017-057#GS4@Hpj@EN) [*\[Section 27 Subsection (8) amended by No. 41 of 2022, s. 4, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS4@Hpb@EN) > > > > > [*\[Section 27 Subsection (8) amended by No. 41 of 2022, s. 4, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS4@Hpb@EN) ***occupational fire-fighter*** means – > > > > > > > > (a) a person who is – > > > > > > > > > > > > (i) a State Service employee, or State Service officer, employed in an Agency, within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) , a significant function of which is to manage forests or parks; or > > > > > > > > > > > > > (ii) an employee of a Government Business Enterprise, within the meaning of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) , a significant function of which is to manage forests or parks – > > > > > > > > > > and who is employed, in whole or in part, in the Agency or Government Business Enterprise, to perform fire-fighting operations or fire prevention operations, or who engages, during his or her employment in the Agency or Government Business Enterprise, in fire-fighting operations or in fire prevention operations, that are related to forests or parks; or > > > > > > > > > (b) a State Service employee or State Service officer, other than a career fire-fighter, who – > > > > > > > > > > > > (i) is appointed or employed in accordance with [section 24 of the](/view/html/inforce/2026-04-12/act-1979-035#GS24@EN) [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035) ; and > > > > > > > > > > > > > (ii) in the course of such an appointment or employment, engages in fire-fighting operations or fire prevention operations in relation to bushfires; > > > > > ***volunteer fire-fighter*** means a person who, otherwise than under a contract for services, a contract of service, or a training agreement, with – > > > > > > > > (a) the Secretary of the responsible Department in relation to the [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035) ; or > > > > > > > > > (b) the State Fire Commission; or > > > > > > > > > (c) any brigade within the meaning of the [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035)  – > > > > > > engages in fire-fighting operations, or fire prevention operations, with the consent of, under the authority of, or in co-operation with, a person or body referred to in [paragraph (a)](#GS27@Gs8@Nd94201356213@Hpa@EN) , [(b)](#GS27@Gs8@Nd94201356213@Hpb@EN) or [(c)](#GS27@Gs8@Nd94201356213@Hpc@EN) .