Return to Work (Presumptive Firefighter Injuries) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 17 October 2024.)

The Hon. T.A. FRANKS (18:14): It gives me great pleasure on behalf of the Greens to rise to support this legislation, the Return to Work (Presumptive Firefighter Injuries) Amendment Bill. This bill adds, at the behest of the United Firefighters Union, an additional three cancers particularly pertaining to women firefighters. The Greens have long championed a presumptive approach when it comes to the connections between firefighters and the cancers that they contract through their work. That causal relationship, as we know, has been well established by science, and as we have more data we are able to add particular cancers to that list with the additional information that we receive.

I note that the Hon. Frank Pangallo has an additional list to add and that also comes before us with the support of the United Firefighters Union. The Greens will be supporting the Hon. Frank Pangallo's amendments, and we do so with pleasure. We note also that the Greens have consulted the CFS Volunteers Association. I am not sure that the government bothered to do that, which is a little disappointing, but it will indeed apply to them, because under the Return to Work scheme firefighters are workers.

Whether they are career or volunteer, if they contract cancers because of their work as firefighters, protecting people and place and planet, then I think they deserve to be treated with respect when it comes to workers compensation. I would hope that next time that respect is accorded to them in terms of an actual consultation before a bill like this comes before this place.

It will be no surprise to those in the sector that the Greens will support this. We have long championed this, and I do commend particularly the work of Adam Bandt, who in the House of Representatives actually initiated the first of these sorts of bills in our nation. They are very common in places like Canada and have been well established. We know that additional cancers will be added to the list as we have more data. In this case, there was a lack of women firefighters, and now we have more data about that we welcome that addition from the government. We do also strongly support the proposed amendments from the Hon. Frank Pangallo. I commend the bill.

The Hon. H.M. GIROLAMO (18:16): I rise in support of the Return to Work (Presumptive Firefighter Injuries) Amendment Bill 2024 and indicate that I am the lead speaker for the opposition. I also indicate that we will be supporting the Hon. Frank Pangallo's amendments.

The Return to Work Act 2014 provides recovery, return to work and support for workers in relation to work injuries. The purpose of the amendment bill is to address an essential matter of health, safety and equity for our firefighters, those who dedicate their lives to protecting our communities. The Return to Work (Presumptive Firefighter Injuries) Amendment Bill 2024 seeks to amend schedule 3 of the act—Injuries presumed to arise from employment as a firefighter, to include three additional cancers—cervical, ovarian and uterine cancers—as presumptive injuries for female firefighters serving in the South Australian Country Fire Service and the South Australian Metropolitan Fire Service.

This will mean that when a woman develops one of these cancers following their service as a firefighter for the qualifying years they do not have to spend their time, energy and money fighting for their case to be acknowledged as an acquired injury under the Return to Work Act. Instead, it is presumed that their injury was as a result of their work, unless proven otherwise, and they can immediately begin receiving the support they deserve.

We must recognise that the nature of firefighting exposes these courageous women to a range of health risks that do not affect men. Currently, schedule 3 acknowledges several cancers as presumptive injuries, but it fails to address the specific cancers that affect women firefighters. The number of women working as firefighters has significantly increased, and no-one should have to choose not to join a workforce they are passionate about because they will not receive the same equitable compensation and support as their male counterparts.

If this bill helps just one woman in her cancer battle that was a result of exposure to carcinogens in her line of duty, it is worth our time as lawmakers to make these changes. Queensland recently made similar changes, expanding the list of cancers covered by their workers compensation scheme. These changes garnered bipartisan support, because they are rooted in evidence and are a commitment to safeguarding the health of our first responders.

We must ensure that our legislation is reflective of the need of all workers. By expanding the list of presumptive injuries, we not only support our female firefighters but also send a clear message: their health matters, their sacrifice matters, and their contribution to our communities will not be overlooked.

The Hon. Frank Pangallo's amendment seeks to reduce the qualifying period of some cancers and insert further cancers and other diseases, also in line with the Queensland act. We thank the honourable member for these additional amendments. It simply should not be the case that a firefighter goes unsupported and forced to fight this battle alone because they did not serve the qualifying period of 25 years. This is a good bill and good amendments. I hope to see it passed with the honourable member's additions. We must support our frontline workers, and I believe this bill achieves that.

The Hon. M. EL DANNAWI (18:20): I rise to support the Return To Work (Presumptive Firefighter Injuries) Amendment Bill. This bill reflects Labor's commitment to improving the function of our Return to Work scheme and builds upon changes that have already been introduced in this place this year. The goal of this bill is to make it easier for female firefighters to access compensation for work-related injuries.

It has been widely known for over 10 years now that firefighters suffer cancer at a higher rate than the general public. The first large-scale research of cancer and deaths in Australian firefighters in 2014 found that their cancer risk would increase in line with the number of fires attended and years of service.

The Return to Work Act lists some of the most common cancers that occur in firefighters as presumptive cancers. If a firefighter suffers from any of the cancers listed, the assumption is that the cancer was caused by their work and compensation payments are therefore available to them.

There has been a growing gender gap in cancer payment claims since women started joining the workforce in higher numbers. This is because some of the cancers suffered by women were not included in the list of presumptive cancers. The effect of this was that the burden of proof lay upon each firefighter to prove that their cancer arose out of their employment as a firefighter, which complicated, delayed and, in some cases, terminated their chances of gaining compensation.

This bill expands the list of presumptive cancers in the legislation by three, including cancers which predominantly affect women: primary site cervical cancer, primary site ovarian cancer, and primary site uterine cancer. As long as someone has worked for the necessary qualification period, if they suffer from any of these three cancers they will be assumed to have arisen from their employment.

There is still a lot that needs to be done to make the Return to Work scheme fit for purpose for firefighters. Along with cancer, PTSD and post-traumatic stress injuries are the most common injuries resulting from service as a firefighter. There is also the risk of exposure to asbestos in a building where there is a fire, and many other carcinogens.

Firefighters put their lives on the line for us and their compensation scheme needs to reflect the enormity of that risk and sacrifice. This bill is a small, but important, first step in making sure these issues are addressed. I commend the bill to the chamber.

Adjourned debate on motion of Hon. I.K. Hunter.