Under the Return to Work Act 2014 firefighters who suffer a workplace injury are currently able to access benefits including weekly income support payments, medical expenses, and lump-sum compensation.

Ordinarily under workers compensation laws a worker has the onus of proving that their injury arose from their employment.

However for certain firefighting-related cancers this onus is reversed, and the injury is automatically presumed to arise from employment. This reflects scientific evidence about the prevalence of cancers amongst firefighters and their exposure to known carcinogens through firefighting.

This makes it faster and easier for firefighter cancer claims to be lodged and accepted, and for firefighters to access compensation without delay or the risk of workers compensation disputes.

The amendments passed by Parliament this week will expand the current list of 12 presumptive firefighting cancers to include:

• Primary site cervical cancer
• Primary site uterine cancer
• Primary site ovarian cancer
• Primary site penile cancer
• Primary site thyroid cancer
• Primary site liver cancer
• Malignant mesothelioma
• A reduction in the qualification period for primary site oesophageal cancer from 25 years to 15 years.

The Government has also committed that, if it is re-elected, within the first 100 days of the next term of Parliament it will progress legislation to further expand the presumptive cancers to include:

• Primary site pancreatic cancer
• Primary site skin cancer
• Primary site lung cancer
• Asbestos-related disease

With this commitment South Australia will match the list of cancers covered under Queensland’s workers compensation legislation.

These amendments follow significant commitments to additional medical support, screening and health monitoring services for all MFS employees as part of the new enterprise agreement which reached in-principle agreement between the Government and the leadership of the United Firefighters Union earlier this week.