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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-10-31 Daily Xml
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Return to Work (Presumptive Firefighter Injuries) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 30 October 2024.)

The Hon. S.L. GAME (16:08): I rise briefly to support the amendments contained in the Return to Work (Presumptive Firefighter Injuries) Amendment Bill. The government's bill is designed to expand the range of presumptive liability provisions available for firefighters diagnosed with certain cancers to include cervical, ovarian and uterine cancer. This effectively recognises the growing number of women working as firefighters and is an important measure to recognise the changing nature of this workforce.

Through these amendments, female firefighters who suffer from one of these prescribed cancers and meet the qualifying period will have access to support and presumptive compensation for workplace injuries. 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.

In speaking to the United Firefighters Union today our office learned that the addition of several more conditions via amendments introduced by the Hon. Frank Pangallo would help bring South Australia in line with other states and would be welcomed by firefighters statewide. I will be supporting those amendments. Finally, I note this presumption will include volunteer firefighters who meet the relevant qualification period.

Hopefully members are aware of the vital role volunteer firefighters play across regional and rural South Australia in keeping their communities safe and therefore the need to remove any possible hurdles to volunteering. This sentiment was also enthusiastically reinforced by the UFU when speaking to them earlier today.

The Hon. F. PANGALLO (16:09): I rise to speak in support of this bill and I have flagged amendments which I am pleased to hear have the support of the opposition, the government and also the Greens and the other crossbenchers. I could not think of two more dangerous jobs that serve to protect our community than police work and firefighting. Both professions are held in high esteem and rightly so, and they deserve to be recognised, protected and supported through occupational hazards they encounter during their careers and beyond.

This bill deals with extending presumptive firefighter injuries to include three prescribed cancers for women firefighters in a designated list of cancers which will make it easier for them to have compensation claims readily accepted. However, it needs to go a lot further to cover other cancers that are included elsewhere in Australia. My amendments will bring South Australian firefighters into line with their Queensland counterparts where the previous Labor government passed legislation with bipartisan support to increase the scheme to include malignant mesothelioma and other asbestos-related diseases, as well as primary site liver, lung, pancreatic, penile, skin and thyroid cancers.

It is unfathomable to think that only as recently as 30 or 40 years ago, adequate personal protections for firefighters were either minimal or non-existent. On a recent visit to SACAT, a photograph hanging on one of the walls caught my attention. It was from 1948 and showed firemen attending a city blaze. What particularly struck me was that they were only wearing their dark navy woollen tunics and the old-style brass helmets. I could not see any wearing breathing apparatus but I imagine they would have had the basic gas mask, which would have offered little protection from the toxic chemicals that were burning around them.

That same year those same firefighters would have been battling the biggest blaze ever seen in the city at the time which engulfed the Charles Moore department store, which is now of course the Samuel Way court building. In more recent times, the use of per- and polyfluoroalkyl substances (PFAS) in all kinds of stain-resistant protective sprays, cleaning products, cosmetics, sunscreen and some non-stick cookware can cause health complications such as cancer, liver damage, thyroid disease and fertility issues. Firefighters would encounter these substances on a daily basis, particularly PFAS firefighting foam which is now banned but was used extensively in fire stations around the state.

Max Adlam from the United Firefighters Union says that even wearing thick protective clothing does not prevent exposure to toxic chemicals because pores of the skin can open up from the heat that is generated around them. I would like to read a statement that the UFU put out today calling for the Malinauskas government to support my amendments. It goes on to say:

The UFU calls upon the Government to stop playing games with the well-being of cancer suffering Firefighters, and to support and pass the amended Bill on Thursday.

Max Adlam says that:

The Government made a show of suggesting that their bill was in support of women in Firefighting. It seems that some members of the Malinauskas Government think women only get cancer in their reproductive systems. Women Firefighters have lungs, they have livers, they have pancreases, they suffer from disease if exposed to asbestos. Women in Firefighting will contract these life destroying diseases the same as men. If the Malinauskas Government wants to support women in Firefighting, it must support the Pangallo amendments and provide support for the 23 cancers listed.

If the Government isn't willing to do the right thing by Firefighters on their own, and if the Premier won't meet with Firefighters, the least that his government can do is make sure that their own legislation reaches a vote in Parliament. Let the other elected members of the Legislative Council do what the public expects and show their support for our Firefighters suffering from cancer.

Firefighters have died doing their work, whether in cities, in suburbs, or battling raging bushfires in the regions. When the Twin Towers of the World Trade Center came down in New York in September 2001, 340 firemen lost their lives. Firefighters also die from their work. Here is a more disturbing statistic: a further 370 have died over the past 23 years from related illnesses as a result of attending the Twin Towers' collapse. More are expected, and the US Congress recently passed legislation to increase funding by $675 million to make up an expected shortfall for the World Trade Center Health Program.

Smoke inhalation of toxic chemicals, dust and other pollutants increase risk of cardiovascular disease and cancer diseases. The World Health Organization has officially declared firefighting to be a cancer-causing profession based on exposure to smoke and other hazardous substances. Sadly, there is little historical data to ascertain just how many South Australian firefighters had health complications leading to their death because of their work in the years before more stringent workplace safety requirements came into force.

It is so disappointing that, in coming up with this bill, the government's intent was more on penny-pinching by keeping an eye on the likely implications to the Return to Work scheme if the list of cancers was increased. Firefighters put their lives on the line every day. They have to deal with a range of challenging incidents, including entering blazing buildings full of dangerous toxic chemicals and confronting incidents like cleaning up horrific accident sites.

The majority of us will never see that kind of activity in our lives and, while I will not go into any detail of just what firefighters have experienced, I was given a couple of examples of the kind of work that they are called out for. Not only is it hazardous to their health but, in a lot of instances, what they have to attend is really heartbreaking, because they are also required to attend accident scenes and incidents that may involve families and children. They are relied upon to carry out that work, and we never really think of the impact it may have on them.

The impact of their workplace, as I said, presents all sorts of stress, anxiety and mental health issues. Expanding the legislation to include other cancers is just plain common sense. I will thank the Attorney-General for calling me this morning and for telling me that the government will be supporting the amendments, and I do understand that there is work to do in going through the process with the Return to Work scheme.

I am hoping they do not just park this bill in the House of Assembly like they have with my post-traumatic stress disorder legislation we passed in this place earlier this year and which deals with the presumptive recognition of mental health related illnesses for first responders like firefighters, police and other emergency frontline workers. I urge the Premier to show his support and compassion for these changes posthaste and, in doing so, demonstrate that he and his government are sincere in recognising the outstanding service this state receives from firefighters in keeping us all safe.

In closing, I would like to acknowledge and thank Max Adlam and her team at the United Firefighters Union, some of whom are here in the gallery today, for their strong advocacy for their members and also for raising with me their desire to extend the list of cancers covered. With that, I commend the bill.

The Hon. C. BONAROS (16:19): I rise to very briefly speak on the Return to Work (Presumptive Firefighter Injuries) Amendment Bill and of course to commend the government for its introduction to this place. At the outset, I echo the Attorney's and other honourable members' comments in acknowledging the service that our firefighters perform, often putting themselves and their welfare and safety at risk. As we have heard, those risks are not just limited to a burning fire and that is in a nutshell what this bill seeks to address: the long-term impacts of occupational exposure to carcinogens that make it statistically more likely for them to develop particular cancers than the rest of us.

By extension, the bill recognises the impacts on female firefighters in particular by extending the scope of presumptive liability to female-specific cancers, namely, primary site ovarian cancer, primary site cervical cancer and primary site uterine cancer. In so doing, the bill and the policy underpinning are an acknowledgement of the fact that what was traditionally a male-dominated occupation has of course shifted, with women now representing, as I understand it, something like 11 per cent of paid firefighters and 25 per cent of volunteer firefighters.

I acknowledge and thank, as other honourable members have done, the United Firefighters Union and especially Ms Max Adlam for the ongoing advocacy and persistence in this space and in so doing I note the contributions made by witnesses who have appeared before the return to work committee on this same issue. I also commend the government members of that committee, especially the Hon. Ms Bourke, who I know was very attentive when we heard that evidence in terms of the impacts on female firefighters, for the influence she had over this policy.

Members may recall that in April last year The Advertiser reported on the union's calls on the state government to add female cancers to presumptive legislation in addition to the 12 already on the list, arguing that female firefighters are fighting a shocking new gender bias that must be rectified. As I said at the time, the law was, is and remains until hopefully now grossly outdated and this is obviously an area that requires urgent and robust attention to ensure that female firefighters who are inflicted with female reproductive cancers are appropriately protected similar to their male colleagues.

This brings us to this bill and I want to take the opportunity to acknowledge, importantly, that this has been a multipartisan approach. I acknowledge the work of former Minister for Emergency Services Joe Szakacs on this issue and of course the work of the Greens and Adam Bandt nationally. I understand that it was indeed Mr Bandt who moved the first piece of legislation of this sort in the nation. It is a great outcome all-round.

I note also the amendments that have been filed to expand the list of cancers that will be subject to the presumptive liability, based again on the advocacy of the UFU, a measure which I support, without of course detracting from the importance of this bill when it comes to females specifically.

I think the Hon. Heidi Girolamo summed it up well in her second reading speech when she said, 'This is a good bill and they are good amendments.' It would be a crying shame if we did not take this opportunity to address this issue appropriately, not only for female firefighters but for all firefighters who put their lives at risk every day, whether they are paid or voluntary, to keep us and our communities safe. Like other members, I thank them once again for everything they do for us and indicate my support for the bill and the amendments.

The Hon. R.A. SIMMS (16:23): I rise briefly to speak in favour of this bill. Members would be aware that this is the portfolio responsibility of my colleague the Hon. Tammy Franks. She is absent today and so I just want to save us some time in the committee stage and indicate where the Greens sit in relation to the amendments of the Hon. Frank Pangallo.

It will not be surprising to members that of course we are supportive of the honourable member's amendments. While the Greens acknowledge and thank the government for bringing this bill forward, as my colleague the Hon. Tammy Franks alluded to in her second reading speech, the government has not brought forward the full list of changes that stakeholders, including the UFU, the United Firefighters Union, have asked for. I want to briefly reference some of the correspondence I understand my colleague the Hon. Tammy Franks has received from the UFU:

The Queensland Parliament recently passed the Workers' Compensation and Other Legislation Amendment Act 2024. That Act significantly increased the number of cancers that are covered by presumptive workers compensation provisions for professional firefighters. The total number of cancers covered by the Queensland scheme is 23. Significantly, the proposal in Queensland enjoyed bipartisan support. Disappointingly, to date we have not received support for equivalent legislation from the Malinauskas Government.

That is disappointing. For clarity, that correspondence was received on 18 October this year. The correspondence goes on to point out that, while South Australia's current scheme is in alignment with Queensland's on 16 cancers, the bill as it stands would only add an additional three to the list. Of course we welcome that, and the government should be commended for doing that, but we do need to go a bit further, and that is what the amendments of the Hon. Frank Pangallo do. These amendments would add eight more cancers to the list and bring a further one in line with the length of service required under the scheme that operates in Queensland.

Once again, I think this does demonstrate the power of the crossbench in this place in terms of coming up with important contributions, putting forward the concerns of stakeholder groups. I commend the Hon. Frank Pangallo for his work on this and also the UFU and others who have been advocating in this space. This bill will be strengthened by the amendments not only for career firefighters but also volunteer firefighters. As the Hon. Tammy Franks mentioned in her second reading speech, while the Greens have consulted with the CFS Volunteers Association, it is not clear to us whether the government has actually consulted with these groups when developing this legislation.

With that, I indicate the Greens will support both of the Hon. Frank Pangallo's amendments. I might also use this opportunity to recognise the long-term work and leadership of my colleague the Hon. Tammy Franks, who has been a long-term advocate for the CFS and firefighters and addressing their needs. I want to commend her as well for her work.

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:27): I thank members for their contributions during the second reading stage. I think it speaks to the absolute regard in which firefighters are held in our community that every member who has spoken on this bill in this council has spoken about their incredible service and sacrifice, regularly putting themselves in harm's way for the safety of others.

Members have also spoken about the work of the union that represents firefighters, representing and standing up for their interests, the United Firefighters Union. I would also like to thank them for their steadfast commitment in standing up for their members. In the nearly three decades that I have been involved in the labour movement, the people from the United Firefighters Union have been some of the finest trade unionists I have met over my time. They have consistently put their members' interests at the very heart of what they do.

What is reflected in this bill reflects the standing in which firefighters are held and the work that the United Firefighters Union does in standing up for their interests. It makes important changes to our workers compensation system so it operates more fairly for the significant and growing number of women who join our firefighting service, either as professionals or volunteers. Many members in their contributions have addressed the request of the United Firefighters Union to expand the presumptive liability for a broader range of diseases under schedule 3 of the act. That is reflected in the amendments put forward by the Hon. Frank Pangallo.

The position of the government is certainly not to reject those proposals. We have been clear in our commitment to ongoing dialogue about the further expansion of presumptive liability provisions. Indeed, I think towards the end of next week I am very pleased to have a meeting with the United Firefighters Union, secretary Max Adlam and some of her members, where I have absolutely no doubt that it will be discussed. I hope to get out of the meeting without my other arm in a sling.

However, there is a practical difficulty posed in the Hon. Frank Pangallo's amendments for the government at this time in that, although we have commenced obtaining advice on the impacts of some of the proposed changes, for a few in there we have not yet commenced looking at the impacts that were recent additions in Queensland, but that is something we will do.

The government has brought this bill into the parliament at this time because we are in a position right now to definitively support the amendments with respect to the ones that are in the government bill. The amendments to the act would expand that presumptive liability beyond those three cancers affecting women—that is, primary site cervical cancer, primary site ovarian cancer and primary site uterine cancer.

Given that we can commit to that reform, our position is that we want the bill passed as soon as we possibly can, which is why we are bringing it to a vote today and not delaying it, but we understand the Hon. Frank Pangallo is equally committed to moving his amendments today, which we respect, and we also understand that a majority of members in this chamber are committed to supporting those amendments. The government will not stand in the way of that approach.

I confirm that we will not be opposing the amendments to be moved by the Hon. Frank Pangallo and will reserve our position as we do further work, as the bill finds its way to the other place, to obtain the necessary advice on the amendments. What that will necessarily mean, though, is that, for the three that are the subject of this bill, if it were unamended it would necessarily take more time to be implemented as we seek advice on those other amendments. I thank members again for their second reading contributions and look forward to the committee stage of this bill and further consideration of it in the other chamber.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 and 2 passed.

Clause 3.

The Hon. F. PANGALLO: I move:

Amendment No 1 [Pangallo–1]—

Page 2, after line 10—Insert

(1) Schedule 3, table headed 'Description of Injury', entry relating to 'Primary site oesophageal cancer'—delete '25 years' and substitute '15 years'

This is to insert in schedule 3, description of injury, entry relating to primary site oesophageal cancer, and delete '25 years' and substitute it with '15 years' of service, which brings it in line with most of the other listed cancers.

The Hon. H.M. GIROLAMO: The opposition will support this amendment and we thank the Hon. Frank Pangallo and the United Firefighters Union for raising these concerns to ensure that it is in line with Queensland.

Amendment carried.

The Hon. F. PANGALLO: I move:

Amendment No 2 [Pangallo–1]—

Page 2, after line 15—Insert:

Asbestos related disease (15 years)

Malignant mesothelioma (15 years)

Primary site liver cancer (15 years)

Primary site lung cancer (15 years)

Primary site pancreatic cancer (10 years)

Primary site penile cancer (15 years)

Primary site skin cancer (15 years)

Primary site thyroid cancer (10 years)

This is to insert other cancers and asbestos-related disease with 15 years of service; malignant mesothelioma, 15 years; primary site liver cancer, 15 years; primary site lung cancer, 15 years; primary site pancreatic cancer, 10 years; primary site penile cancer, 15 years; primary site skin cancer, 15 years; and primary site thyroid cancer, 10 years. In doing so, this brings the list of cancers in line with those that have been adopted interstate, particularly in Queensland.

Amendment carried; clause as amended passed.

Title passed.

Bill reported with amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:35): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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