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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                                                    

 

 

 

 

 

Qualifying period

 

Primary site brain cancer

 

5 years

Primary site bladder cancer

15 years

Primary site kidney cancer

15 years

Primary non-Hodgkins lymphoma

15 years

Primary leukemia

5 years

Primary site breast cancer

10 years

Primary site testicular cancer

10 years

Multiple myeloma

15 years

Primary site prostate cancer

15 years

Primary site ureter cancer

15 years

Primary site colorectal cancer

15 years

Primary site oesophageal cancer

25 years

 

 

If you have any queries contact the CFSVA Office 08 8244 6500 or This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

 

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