Presumptive legislation for firefighters

The Return to Work legislation provides presumptive legislation for Northern Territory firefighters, including volunteers.  The presumption law for firefighters reverses the onus of proof relating to certain diseases, reducing the burden on the worker of proving that the disease was caused by their employment.

There are a large number of published studies investigating cancer risk in firefighters from Australia and internationally.  It is appropriate that available scientific literature be periodically examined to ensure the list of prescribed diseases for firefighters remains consistent with current science.

Firefighters are at greater risk of developing certain cancers as a result of exposure to hazardous substances during their work and it is important our firefighters are supported if they develop one of the prescribed diseases.

In 2022, the World Health Organisation’s (WHO) International Agency for Research on Cancer (IARC) officially classified occupational exposure as a firefighter as carcinogenic to humans (Group 1), on the basis of sufficient evidence for cancer in humans.

How does it work?

If a firefighter is diagnosed with one of the 23 presumptive diseases listed in the legislation and they have worked as a firefighter for the qualifying period listed for that disease, it is presumed the cancer is work related and covered under workers' compensation.

The qualifying periods prescribed indicates the minimum number of years that a worker needs to have been employed as an active firefighter.  Cumulative periods of service can be added together to satisfy the number of years to meet the prescribed qualifying period, meaning, those employed for two or more separate periods as a firefighter, can add the periods together and this will indicate the number of years they worked as a firefighter.  Specific qualifying periods apply ranging from 5 to 25 years of service depending on the type of cancer.

Firefighters who do not meet the presumptive disease requirements may still seek workers' compensation, however bear the onus of proving their cancer was significantly caused by their duties.

Commencement

The legislation is retrospective where the onset day is on or after 4 July 2011.

The Return to Work Act 1986, section 50A provides that onset day means the earliest of the following:

• the day on which the worker is first diagnosed by a medical practitioner as having contracted the prescribed disease
• the day on which the worker becomes incapacitated for work, if the prescribed disease resulted in, or materially contributed to, the incapacity;
• the day on which the worker dies, if the prescribed disease resulted in, or materially contributed to, the death.

This also applies to retired firefighters who meet the qualifying period and were diagnosed with a prescribed disease within 10 years of their last active employment as a firefighter, provided they were diagnosed after 4 July 2011.

Who is covered?

Firefighters, including volunteers of Norther Territory Fire and Emergency Services and Bushfires NT are covered under the legislation.
There may be an entitlement to compensation for dependants of deceased firefighters diagnosed with a presumptive disease after the 4 July 2011.

Cancers covered

The following schedule lists the prescribed diseases covered under the legislation and the qualifying period for each type.
Volunteer firefighters must have attended at least 150 exposure events. The 150 exposure events must be within the corresponding qualifying period outlined in the table below.