Tasmanian Legislation
Workers Rehabilitation and Compensation (Deemed Diseases) Notice 2017
The WorkCover Tasmania Board makes the following notice under section 26(1) of the Workers Rehabilitation and Compensation Act 1988 .
1. Short title This notice may be cited as the Workers Rehabilitation and Compensation (Deemed Diseases) Notice 2017 .
2. Commencement This notice takes effect on the day on which the Workers Rehabilitation and Compensation Amendment Act 2017 commences.
3. Interpretation (1) In this notice – Act means the Workers Rehabilitation and Compensation Act 1988 ; occupational asthma includes immunologically mediated asthma; Safe Work Australia has the same meaning as in section 26 of the Act. (2) The Acts Interpretation Act 1931 applies to the interpretation of this notice as if it were rules.
4. Presumption as to cause of disease (1) An occupation, or exposure, specified in column 2 of an item of a table in Schedule 1 is specified, for the purposes of section 26(3) of the Act, to be presumed to contribute to a substantial degree to the disease specified in column 1 of that item of that table. (2) Unless the contrary intention appears, the Deemed Diseases in Australia report, published in August 2015 by Safe Work Australia, may be used in the interpretation of an occupation, exposure or disease specified in Schedule 1 .
SCHEDULE 1 - Diseases where there is a presumption as to cause
Clause 4
PART 1 - Infectious diseases
Column 1 Column 2 1. Anthrax Occupations involving work with animals or animal carcasses (including, but not limited to, animal handlers, pelt handlers, abattoir workers and meat inspectors). 2. Brucellosis Occupations involving work with animals or animal carcasses (including, but not limited to, veterinarians, farmers or farm workers, abattoir workers and laboratory workers). 3. Hepatitis A Occupations involving contact with human waste (including, but not limited to, child care workers, carers of intellectually disabled persons, workers in rural or remote Indigenous communities, sewage workers and plumbers). 4. Hepatitis B or C Occupations involving contact with human bodily secretions (including, but not limited to, health care workers, embalmers, persons who handle body substances, clinical laboratory staff, workers in long-term correctional facilities, members of the police service, members of the armed forces and emergency services workers). 5. HIV/AIDS Health care workers or laboratory workers if the worker has become HIV positive after a needle-stick injury that occurs while at work. 6. Leptospirosis Occupations involving – (a) work with animals or animal carcasses (including, but not limited to, farmers or farm workers, abattoir workers, forestry workers, hunters, veterinarians and livestock transport operators); or (b) work with animal or human waste (including, but not limited to, plumbers). 7. Orf Occupations involving work with sheep, goats or sheep or goat carcasses (including, but not limited to, sheep farmers or farm workers, goat farmers or farm workers, abattoir workers and meat inspectors). 8. Q-fever Occupations involving contact with animals or animal parts in a rural setting (including, but not limited to, abattoir workers, stock workers, livestock transport operators, shearers, hide processors, farmers and veterinarians). 9. Tuberculosis Occupations – (a) involving contact with persons or animals in situations where the prevalence of tuberculosis is likely to be significantly higher than the general community (including, but not limited to, health workers, clinical laboratory workers, funeral parlour staff, farmers and veterinarians); or (b) that have resulted in the worker being diagnosed with silicosis, if that occupation is presumed under the Act to have contributed to the silicosis. Disease Exposure or occupation
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