Return to Work (Presumptive Firefighter Injuries) Amendment Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:36): Obtained leave and introduced a bill for an act to amend the Return to Work Act 2014. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:37): I move:

That this bill be now read a second time.

I rise today to introduce the Return to Work (Presumptive Firefighter Injuries) Amendment Bill 2024. I hope I speak for every member of this council when I acknowledge the service that South Australia's firefighters perform for the community, often putting themselves in harm's way to protect the safety and welfare of others.

While firefighting has traditionally been a male-dominated occupation, in South Australia we have seen a significant and growing number of women choosing to become firefighters. Women now represent around 11 per cent of paid firefighters and around 25 per cent of volunteer firefighters. An unfortunate by-product of the gendered history of firefighting is that legislation designed to protect and support firefighters has not kept pace with the growing diversity of the profession. That is the issue that this bill seeks to address.

It has long been recognised, both in Australia and internationally, that firefighters face occupational exposure to certain carcinogens through their work, which make it statistically more likely for them to develop particular cancers than the general population. Jurisdictions across Australia have recognised this by inserting presumptive liability provisions into their workers compensation legislation, which makes it easy for firefighters diagnosed with those cancers to have their claim accepted and obtain compensation.

In South Australia, this affects firefighters making workers compensation claims under the Return to Work Act 2014. This also has a flow-on impact to conditional compensation those firefighters are able to access through their enterprise agreement. This bill amends the list of injuries presumed to arise from employment as a firefighter in schedule 3 of the act to insert three additional cancers which affect female firefighters: primary site cervical cancer, primary site ovarian cancer, and primary site uterine cancer.

The effect of this amendment is that for those workers who meet the qualifying period, if they suffer one of the prescribed cancers, then the burden of proof is reversed and their injury is presumed to have arisen from their employment as a firefighter, unless proven otherwise. This presumption will also apply to volunteer firefighters who meet the relevant qualification period.

This reform recognises the growing number of female firefighters in South Australia and the invaluable service they provide to the community. It will remove barriers to fair access to support and compensation for workplace injuries and is consistent with similar amendments introduced in other jurisdictions.

I acknowledge the very significant advocacy of the United Firefighters Union in support of these reforms on behalf of their members, and particularly the work of their secretary, Max Adlam. I commend the bill to members and seek leave to have the explanation of clauses inserted into Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Return to Work Act 2014

3—Amendment of Schedule 3—Injuries presumed to arise from employment as a firefighter

This clause adds to the list of injuries set out in Schedule 3 of the principal Act.

Debate adjourned on motion of Hon. L.A. Henderson.