Presumptive Cancer Legislation
Return to Work Legislation
Presumptive Cancer Legislation – CFS Volunteers
Schedule 3—Injuries presumed to arise from employment as a firefighter
1—Substantive provisions
(1) If—
(a) a worker suffers an injury of a kind referred to in the first column of the table in this Schedule; and
(b) the injury occurred on or after 1 July 2013; and
(c) before the injury occurred, the worker was employed by SAMFS as a firefighter for the qualifying period referred to in the second column of the table opposite the injury; and
(d) during that period, the worker was exposed to the hazards of a fire scene (including exposure to a hazard of the fire that occurred away from the scene),
the worker’s injury is presumed, in the absence of proof to the contrary, to have arisen from employment by SAMFS.Return to Work Act 2014—1.7.2015 Schedule 3—Injuries presumed to arise from employment as a firefighter 160 This version is not published under the Legislation Revision and Publication Act 2002 [1.7.2015]
(2) If—
(a) a worker suffers an injury of a kind referred to in the first column of the table in this Schedule; and
(b) the worker was a member of SACFS presumptively employed by the Crown as a firefighter—
(i) on or after 1 July 2013; and
(ii) before the injury occurred; and
(iii) for the qualifying period referred to in the second column of the table opposite the injury; and
(c) the injury occurred—
(i) on or after 1 July 2013; and
(ii) in the case of a worker who is no longer a member of SACFS presumptively employed by the Crown as a firefighter—no more than 10 years after the cessation of that presumptive employment; and
(d) during the qualifying period referred to in paragraph (b)(iii), the worker was exposed to the hazards of a fire scene (including exposure to a hazard of the fire that occurred away from the scene), the worker’s injury is presumed, in the absence of proof to the contrary, to have arisen from his or her presumptive employment by the Crown.
(3) For the purposes of subclauses (1) and (2)—
(a) a worker is taken to have been employed as a firefighter if firefighting duties made up a substantial portion of his or her duties; and
(b) a worker who was so employed for 2 or more periods that add up to or exceed the qualifying period is taken to have been employed for the qualifying period; and
(c) the qualifying period may include a period or periods that commenced or occurred before 1 July 2013.
Description of injury
Primary site brain cancer
Primary site bladder cancer
Primary site kidney cancer
Primary non-Hodgkins lymphoma
Primary leukemia
Primary site breast cancer
Primary site testicular cancer
Multiple myeloma
Primary site prostate cancer
Primary site ureter cancer
Primary site colorectal cancer
Primary site oesophageal cancer
Qualifying period
5 years
15 years
15 years
15 years
5 years
10 years
10 years
15 years
15 years
15 years
15 years
25 years
If you have any queries contact the CFSVA Office 08 8244 6500 or admin@cfsva.org.au for more information.