Table 4.11: Presumptive Legislation (other)

Jurisdiction

Does the jurisdiction have presumptive legislation

Presumptive legislation

Disease

Diagnosed

Occupation

New South Wales

Yes

Workers Compensation Act 1987, section 19B

Workers Compensation Regulation 2016, Part 2, clauses 5B, 5C and 5D

COVID-19

Diagnosed by a medical practitioner following a prescribed test

Prescribed employment

• the retail industry (other than businesses providing only on-line retail),
• the health care sector, including ambulance officers and public health employees,
• disability and aged care facilities,
• educational institutions, including pre-schools, schools and tertiary institutions (other than establishments providing only on-line teaching services),
• police and emergency services (including fire brigades and rural fire services),
• refuges, halfway houses and homeless shelters,
• passenger transport services,
• libraries,
• courts and tribunals,
• correctional centres and detention centres,
• restaurants, clubs and hotels,
• the construction industry,
• places of public entertainment or instruction (including cinemas, museums, galleries, cultural institutions and casinos),
• the cleaning industry
• cafes
• supermarkets
• funeral homes
• childcare facilities.

Queensland

Yes

Workers’ Compensation and Rehabilitation Act 2003, Chapter 1, Part 4, Division 6, subdivision 3BA

PTSD

Diagnosis of PTSD must be by a psychiatrist

Eligible employees working in state government departments responsible for policing, ambulance, fire and emergency services, child safety and corrective services and the following first responders:

• police officers and police recruits
• ambulance officers
• child safety officers (authorised officers)
• corrective service officers
• youth justice staff members
• firefighters, fire services officers, members of the State Emergency Service and members of rural fire brigade
• doctors and nurses working in emergency and trauma care; acute care; critical care; and high-dependency care
• coal miners and other miners who perform a miners rescue

Western Australia

Yes

Workers’ Compensation and Injury Management Act 1981

Division 4B, section 49F

Workers’ Compensation and Injury Management Regulations 1982

Part 10

COVID-19

Medical practitioner on the basis of a test result described in sub-regulation (6) of the Workers’ Compensation and Injury Management Regulations 1982

• Employment as a health professional
• Employment, of any kind, in a hospital, medical practice, clinic or facility where persons attend for health related screening, testing or treatment;
• Employment as an ambulance officer

Tasmania

Yes

Workers Rehabilitation and Compensation Act 1988, s28A

PTSD

All public sector workers

Northern Territory

Yes

Return to Work Act 1986, Section 4(6)(a)

Return to Work Regulation 3, Schedule 2, 9A

PTSD

All work as a first responder, including as a volunteer, but not including a person trained as a first responder who has not attended in person at an emergency situation or incident