WORKERS REHABILITATION AND COMPENSATION (SAMFS FIREFIGHTERS) AMENDMENT BILL

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Industrial Relations, Minister for Business Services and Consumers) (15:36): Obtained leave and introduced a bill for an act to amend the Workers Rehabilitation and Compensation Act 1986. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Industrial Relations, Minister for Business Services and Consumers) (15:36): I move:

That this bill be now read a second time.

The Workers Rehabilitation and Compensation (SAMFS Firefighters) Amendment Bill 2013 gives additional protection to firefighters exposed to higher cancer risk as a result of their work. Career firefighters are at a greater risk of developing certain types of cancer due to their direct exposure to carcinogens released by combusting materials.

This measure will ensure that, as from 1 July 2013, South Australian MFS firefighters, including retained firefighters, who contract any of the 12 specified cancers will, subject to qualifying periods and in the absence of proof to the contrary (but subject to other provisions of the act), be entitled to workers compensation without having to prove that the cancer arose specifically from their employment with SAMFS. The extended entitlements will significantly reduce the emotional and financial burden that would otherwise fall on career firefighters and their families. I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Commonwealth has accepted that employed firefighters are at greater risk of developing certain types of cancer, and enacted the Commonwealth Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act 2011, on 6 December 2011. The establishment of this legislation was underpinned by the work undertaken by the Australian Senate Education, Employment and Workplace Relations Legislation Committee (the Senate Committee).

The task of the Senate Committee was to consider the work relatedness of cancer in firefighters. It received 27 submissions from individuals and organisations, conducted public hearings, and listened to personal accounts from firefighters and their families. A finding of the Senate Committee was that the type of exposures identified in the research was more often experienced by firefighters working in urban areas, and that most operational activities undertaken in these areas related to structural and non-structural fire incidents.

As reported by the Senate Committee in the Report on the Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Bill 2011 (the Senate Committee's Report), '…studies and meta-studies conducted around the world, including in Australia in the 1980s, demonstrate that certain types of cancer are caused by the release of carcinogens from combusting materials in structure fires. These known carcinogens can include benzene, styrene, chloroform and formaldehyde, and are absorbed by firefighters through the skin or by way of inhalation.' (Senate Committee's report at paragraph 2.27) 'Most operational activities undertaken by urban firefighters are structural and non-structural fire incidents. Car fires, although technically considered non-structural, produce toxic chemicals rivalling those found in structure fires…due to the prevalence of plastic components found in cars. Unsurprisingly, even ordinary houses and household products release toxic chemicals when they burn.' (Senate Committee's report at paragraph 2.30-31).

The hazards of a fire may migrate away from the scene of the fire. Evidence provided to the Senate Committee indicated that the hazards of a fire are pervasive and 'the hazards of a fire scene may be transported away from the fire scene by firefighters and the equipment they carry…' (Senate Committee's report at paragraph 1.39). The migration of the hazards of the fire may result in further hazard exposures when, for example, cleaning fire equipment or the truck back at the station.

In the South Australian public sector, SAMFS firefighters and retained firefighters (retained firefighters are employed by the SAMFS on a part-time basis, generally in regional centres) are employed largely in urban contexts where they are exposed to structure fires.

The Senate Committee concluded that when a firefighter, with a certain number of years of service, develops cancer, that cancer is most likely to be caused by occupational exposure to carcinogens.

The 12 compensable primary site cancers and the applicable specified periods of employment in the Commonwealth Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act 2011 are:

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 leukaemia—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

The scope of the research evidence considered by the Senate Committee about the work relatedness of cancer in firefighters, incorporated all firefighters, including volunteers. The Committee was satisfied with the scientific evidence demonstrating a link between firefighting as an occupation and the greater numbers of cancers (Senate Committee's report at paragraph 2.18). Whilst it was noted that the Commonwealth legislation does not expressly differentiate between volunteer and professional firefighters, the effect of the applicable definition means that volunteer firefighters would not be covered by the legislation because firefighting does not comprise a substantial portion of their duties, nor would they be able to satisfy the requirements of the qualifying periods (Senate Committee's report at paragraph 3.49-50).

The Commonwealth legislation sponsored by the Hon. Adam Bandt (Australian Greens, member for Melbourne), and co-sponsored by the Hon. Maria Vamvakinou, (Australian Labour Party, member for Calwell), and the Hon. Russell Broadbent, (Liberal Party, member for McMillan), was given broad support on the strength of the currently available evidence considered by the Senate Committee, evidence that is primarily limited to career firefighters. When speaking about the proposed legislative amendments, the Hon. Adam Bandt stated that the legislation could be expanded to volunteer firefighters and to other groups that could demonstrate a science based case (House of Representatives, Consideration in Detail Debate at 31 October 2013, page 12190).

The introduction of the Workers Rehabilitation and Compensation (Protection for Firefighters) Amendment Bill 2012, by the Hon. Tammy Franks MLC, on 14 November 2012, proposes to provide the South Australian Country Fire Service volunteer firefighters with the same deeming provisions as proposed by this Government for the SAMFS career firefighters.

The proposed amendments to the Workers Rehabilitation and Compensations Act 1986 are consistent with those introduced by the Commonwealth and recognise the considerable effort by the Senate Committee to establish legislation based on the best currently available evidence.

The gap in the research relevant to carcinogen exposure during firefighting activities undertaken by volunteers, and the more general limited research applicable to the Australian context, will be addressed through the Australian Firefighters' Health Study conducted by the Monash University Centre for Occupational and Environmental Health. This study is expected to be completed by September 2014.

The Government recognises the importance of this work. Consideration will be given to the outcomes of the Australian Firefighters Health Study and any new evidence as it becomes available, including in relation to volunteers.

This Government is satisfied with the Senate Committee conclusions regarding the scientific evidence about the work relatedness of cancer in career firefighters. The Senate Committee concluded, in accordance with a number of studies which focused largely on urban based firefighters, that when a career firefighter, with a certain number of years of service, develops cancer, that cancer is most likely to be caused by occupational exposure to carcinogens.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

Operation of the measure will commence on 1 July 2013. If the Act is not assented to until after 1 July, it will nevertheless be taken to have come into operation on that date.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Workers Rehabilitation and Compensation Act 1986

4—Amendment of section 31—Evidentiary provision

Section 31 as amended by this clause will provide an evidentiary presumption applicable to a worker who was employed by the South Australian Metropolitan Fire Service ('SAMFS') as a firefighter. If the worker suffers an injury of a kind referred to in the first column of Schedule 2A (inserted by clause 5) and the injury occurred on or after 1 July 2013, the injury will be presumed (in the absence of proof to the contrary) to have arisen from employment by SAMFS. The presumption will apply if the worker was employed as a firefighter for the qualifying period referred to in the second column of Schedule 2A opposite the injury and, 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).

5—Insertion of Schedule 2A

This clause inserts a new Schedule. The Schedule lists the injuries that will be presumed under section 31 to arise from the worker's employment as a firefighter and specifies the relevant qualifying period in relation to each injury.

Schedule 1—Review of amendments

The Schedule requires the Minister to appoint an independent person to carry out a review concerning the operation and impact of the amendments made by the Act. The appointment is to be made as soon as possible after the fifth anniversary of the commencement of the measure and a report of the review is to be provided to the Minister within four months of the appointment. The Minister must then have copies of the report tabled before both Houses of Parliament.

Debate adjourned on motion of Ms Chapman.