Workers' Compensation and Rehabilitation (Protecting Firefighters) Amendment Bill 2015
Plain English Summary
Overview
This bill would have made it easier for Queensland firefighters who develop certain cancers to get workers' compensation. It proposed 'deemed disease' coverage for 12 cancers linked to firefighting, meaning the cancer would automatically be treated as work-related if the firefighter had served a minimum number of years. The bill was discharged and did not become law.
Who it affects
Career, auxiliary, rural and volunteer firefighters diagnosed with one of the listed cancers, along with their families and WorkCover Queensland.
Key changes
- 12 cancers (including brain, bladder, kidney, breast, prostate, colorectal and oesophageal cancers, leukaemia, multiple myeloma and non-Hodgkin lymphoma) would be presumed work-related for firefighters with enough service
- Qualifying service periods ranged from 5 years (brain cancer, leukaemia) to 25 years (oesophageal cancer)
- The burden of proof would shift: employers and insurers would have to prove the cancer was not caused by firefighting, rather than firefighters having to prove it was
- Coverage extended to full-time fire officers, auxiliary firefighters, rural firefighters and volunteer firefighters and fire wardens
- The bill was discharged and did not become law
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced3 June 2015View Hansard
Vote on a motion
Vote on the LNP's motion to require the Legal Affairs and Community Safety Committee to report on the bill by 13 July 2015 (approximately six weeks), rather than the default six-month timeframe. The government argued the committee needed more time given its existing workload. The motion was defeated 42-44.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (42)
Noes (44)
▸Committee3 June 2015View Hansard
Referred to Legal Affairs and Community Safety Committee
The Finance and Administration Committee examined this bill alongside the government's alternative Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2015. The committee was unable to reach agreement on whether to recommend the bill be passed and made no formal recommendations. Non-government members supported passage with amendments, while government members raised grave concerns about drafting deficiencies and the scientific basis for volunteer firefighter coverage.
Key findings (5)
- The committee was split along party lines and could not agree on a recommendation for the bill
- Both sides agreed that presumptive legislation should cover volunteer rural firefighters, but disagreed on the minimum qualifying threshold
- Poor record-keeping by QFES regarding volunteer firefighter incident exposure was identified as a significant barrier to effective presumptive legislation
- Government members raised concerns that the bill's drafting did not provide volunteer firefighters access to common law damages and had other technical deficiencies
- Non-government members argued that all firefighters should be treated equally regardless of whether they are permanent, auxiliary, or volunteer
Committee report tabled
▸Second Reading16 Sept 2015View Hansard
▸11 members spoke11 support
Introduced the bill as a private member's bill honouring the LNP's 2014 accord with the United Firefighters Union. Argued the bill provides the highest level of deemed disease support in Australia and is nondiscriminatory, covering permanent, auxiliary and rural firefighters without the fire incident attendance thresholds applied in other jurisdictions.
“Today we end the discrimination. This bill that I place before the House today is applicable to permanent firefighters, auxiliary firefighters and rural fire brigade members without any discrimination of the three levels.”— 2015-06-03View Hansard
Praised the member for Kawana's private member's bill for securing protections for volunteer firefighters, congratulating him for a great outcome.
“I was even more pleased to allow the lead to be taken by my colleague the member for Kawana, given this is a cognate debate. By doing that, I acknowledged the tremendous win he had for volunteer firefighters here in Queensland.”— 2015-09-17View Hansard
Moved the second reading of the LNP private member's bill, arguing it provides non-discriminatory presumptive legislation covering all firefighters equally without requiring volunteer firefighters to attend 150 exposure events.
“We owe it to those firefighters who put their lives on the line, including the rural firefighters, to give them this protection. We owe the same level of protection to rural firefighters, urban firefighters and full-time firefighters.”— 2015-09-16View Hansard
Spoke in support of rural firefighters in his electorate and the LNP's efforts to ensure equal workers compensation for all firefighters regardless of volunteer status. Criticised the government's original 150-fire quota as mean-spirited discrimination against volunteers.
“Smoke and fire do not discriminate according to working status. All firefighters should receive the same protection irrespective of pay status or the colour of their fire engine.”— 2015-09-17View Hansard
Spoke in support of equal cancer-related workers compensation for all firefighters, praising the LNP's opposition to the government's original 150-fire threshold for volunteers. Highlighted the work of rural fire brigades in the Albert electorate.
“Cancer does not discriminate on the basis of the colour of one's uniform or whether people are paid or volunteer.”— 2015-09-17View Hansard
Spoke in strong support of equal workers compensation for rural firefighters, criticising the government's original 150-fire threshold as discriminatory. Praised local rural fire brigades and the member for Kawana's efforts.
“The colour of the truck should be completely irrelevant. That is why I was relieved to see the relevant committee and its members, government and non-government, recommend that the quota be dumped.”— 2015-09-17View Hansard
As mover of the private member's bill, delivered a reply speech defending it as the first presumptive cancer legislation for all firefighters in Queensland, including rural and volunteer firefighters without any discriminatory threshold.
“I am proud that the LNP government was the first government in Queensland to introduce presumptive legislation for firefighters.”— 2015-09-17View Hansard
Spoke in favour of the LNP bill, paying tribute to constituent Glenn Sippel who died of mesothelioma after 43 years as an auxiliary firefighter and had to fight for workers compensation. Opposed the government bill as bad for jobs and the economy.
“Around the time of his retirement from the QFES, some six months before his death, Glenn said in a newspaper article that his main aim was to go out and do the job, bring the boys home safe, do the paperwork and go home.”— 2015-09-16View Hansard
Supported the LNP bill as providing equal protection for all firefighters, naming each of the seven rural fire brigade first officers in her electorate, and arguing the government's 150 exposure requirement was discriminatory and unworkable.
“We believe that all firefighters should receive the same level of protection, regardless of their pay status or the colour of their fire engine.”— 2015-09-16View Hansard
Supported the LNP bill for providing equal protection to all firefighters, naming her local rural fire brigades and quoting their submissions opposing the government's 150 exposure requirement as discriminatory.
“Our firefighters—full time, part time, auxiliary, volunteer, rural or whatever they may be—all put their life on the line for us.”— 2015-09-16View Hansard
Supported the LNP bill for treating all firefighters equally, recounting his meetings with Guanaba rural fire officers who expressed disbelief at Labor's 150 exposure requirement, and commending the bipartisan committee recommendation to scrap it.
“The LNP stands to protect all firefighters with the same protective legislation regardless of whether they are urban, auxiliary or rural; full time, part time or volunteer.”— 2015-09-16View Hansard
▸In Detail16 Sept 2015 – 17 Sept 2015View Hansard
That the Workers’ Compensation and Rehabilitation and Other
The motion passed.
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Ayes (44)
Noes (40)
▸3 clause votes (all passed)
Vote on clause 11
Vote on clause 11, which contained transitional and retrospective provisions applying the removal of the common law threshold back to 31 January 2015 and providing a statutory adjustment scheme for workers injured between October 2013 and January 2015. The LNP opposed this clause as retrospective legislation.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (44)
Noes (40)
Vote on clause 30
Vote on clause 30, which removed the provision allowing prospective employers to access a worker's compensation claims history. The LNP opposed this clause arguing employers needed the information for workplace safety, while the government cited privacy and discrimination concerns raised by the Anti-Discrimination Commission.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
▸Show individual votesHide individual votes
Ayes (44)
Noes (40)
Vote on clause 6
Vote on clause 6, which removed the five per cent common law threshold introduced by the LNP in 2013, restoring the right of all injured workers to sue negligent employers regardless of impairment level. The LNP opposed this clause arguing it would increase premiums for small businesses.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.