Commonwealth Consolidated Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 - SECT 10

  (1)   If:

  (a)   an employee has suffered, or is suffering, from a disease, or the death of an employee results from a disease; and

  (b)   the disease is of a kind specified by the Minister, by legislative instrument, as a disease related to employment of a kind specified in the instrument; and

  (c)   the employee was, at any time before symptoms of the disease first became apparent, engaged in employment of that kind in the maritime industry;

the employment in which the employee was so engaged is taken, for the purposes of this Act, to have contributed in a material degree to the contraction of the disease, unless the contrary is established.

  (2)   For the purposes of this Act, if an employee contracts a disease, any employment in the maritime industry in which he or she was engaged at any time before symptoms of the disease first became apparent is taken, unless the contrary is established, to have contributed in a material degree to the contraction of the disease if the incidence of the disease among people who have engaged in such employment is significantly greater than it is among people who have engaged in other employment.

  (3)   For the purposes of this Act, if an employee suffers an aggravation of a disease, any employment in the maritime industry in which he or she was engaged at any time before symptoms of the aggravation first became apparent is taken, unless the contrary is established, to have contributed in a material degree to the aggravation if the incidence of the aggravation of the disease among people suffering from it who have engaged in such employment is significantly greater than it is among people suffering from the disease who have engaged in other employment.

  (4)   If:

  (a)   an employee suffers an injury (other than one resulting in a hearing impairment); and

  (b)   the injury is a disease or an aggravation of a disease;

the employee is taken, for the purposes of this Act, to have suffered the injury on the day when:

  (c)   the employee first sought medical treatment for the disease or aggravation; or

  (d)   the disease or aggravation resulted in the death of the employee or first resulted in his or her impairment or incapacity for work;

whichever happens first.

  (5)   For the purposes of this Act, the death of an employee is taken to have resulted from a disease, or an aggravation of a disease, if, apart from that disease or aggravation, as the case may be, the death of the employee would have happened at a significantly later time.

  (6)   For the purposes of this Act, an incapacity for work, or an impairment, of an employee is taken to have resulted from a disease, or an aggravation of a disease, if, apart from that disease or aggravation, as the case may be:

  (a)   the incapacity or impairment would not have occurred; or

  (b)   the incapacity would have started, or the impairment would have happened, at a significantly later time; or

  (c)   the extent of the incapacity or impairment would have been significantly less.

  (7)   For the purposes of this Act, a disease suffered by an employee, or an aggravation of such a disease, is not taken to be an injury to the employee if the employee has at any time, for purposes connected with his or her employment or proposed employment in the maritime industry, made a wilful and false representation that he or she did not suffer, or had not previously suffered, from that disease.