Wednesday, 16 August 2023

Firefighters’ Presumptive Rights Compensation Legislation Amendment Bill 2023

Statement of compatibility

Samantha RATNAM (Northern Metropolitan) (10:03): I lay on the table the statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter, I make this statement of compatibility with respect to the Firefighters’ Presumptive Rights Compensation Legislation Amendment Bill 2022 (the Bill).

In my opinion, the Bill, as introduced to the Legislative Council, is compatible with the human rights protected by the Charter. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

The Bill extends presumptive rights for firefighters for the purpose of claiming compensation under the Workplace Injury Rehabilitation and Compensation Act 2013, to include to the existing schedule an additional nine forms of cancer, each with respective qualifying periods, in the Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 and the Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Act 2021.

Human Rights issues

Besides from extending presumptive rights to include additional forms of cancer, the Bill does not seek to change the operation of, and therefore, the respective Charter rights applicable to, the existing firefighters’ presumptive rights compensation scheme provided under relevant legislation.

Therefore, in my opinion, the human rights under the Charter that are relevant to the Bill are:

• The right to equality and protection against discrimination under section 8.

For the reasons outlined below, I am of the view that the Bill is compatible with the Charter because, to the extent that some provisions may limit human rights, those limitations are reasonable and demonstrably justified.

Section 8(3) of the Charter provides that every person is equal before the law and is entitled to equal protection of the law without discrimination, and has the right to equal and effective protection against discrimination.

‘Discrimination’ for the purposes of this right is defined under section 7 of the Equal Opportunity and Human Rights Act 2010 to include direct or indirect discrimination on the basis of an attribute, including a person’s age, gender identity and sex, and race.

The Bill seeks to further improve access to compensation benefits based on emerging evidence that attending fires is associated with an increased risk of developing certain cancers. Specifically, by adding three forms of cancer: cervical cancer, ovarian cancer and uterine cancer – the Bill seeks to more equally recognise female firefighters in Victoria, by providing easier access to compensation for female-specific cancers.

The proposed provisions may limit the ability of some firefighters from accessing a right to compensation by virtue of these additional scheduled forms of cancer being specific to a certain sex. However, I consider these limitations to be reasonable and consistent with other sex-specific cancers within the existing presumptive rights scheme.

Second reading

Samantha RATNAM (Northern Metropolitan) (10:04): I move:

That the bill be now read a second time.

It is with great pride today that I introduce this important bill, the Firefighters’ Presumptive Rights Compensation Legislation Amendment Bill 2023, into the Victorian Parliament.

The bill proposes to expand the firefighters presumptive rights compensation scheme that currently covers 12 forms of cancer by an additional nine forms of cancer, each with respective qualification periods of service.

The additional cancers and respective qualifying periods are as follows: primary site lung cancer, 15 years; primary site skin cancer, 15 years; primary site cervical cancer, 10 years; primary site ovarian cancer, 10 years; primary site uterine cancer, 10 years; primary site penile cancer, 15 years; primary site pancreatic cancer, 10 years; malignant mesothelioma, 15 years; primary site thyroid cancer, 10 years.

The bill is straightforward. Besides including these additional nine cancers, it does not seek to alter existing eligibility or the operation of the current scheme in any other way.

It simply proposes that personnel employed by Fire Rescue Victoria, the CFA and Forest Fire Management Victoria should now be eligible under the presumptive rights legislation to apply for compensation under Victoria’s workers compensation scheme if they are diagnosed after 1 June 2016 with one of 21 cancers, without having to prove that firefighting is the cause.

Extending the scheme to include these additional cancers is backed by science and will make Victoria’s legislation comparable to the schemes currently operating in other Australian states, as well as internationally.

Moreover, in adding eligibility for three cancers – cervical cancer, ovarian cancer and uterine cancer ‍– the scheme will more equally recognise female firefighters in Victoria by providing them with presumptive rights to compensation if they are diagnosed with one of these diseases.

Presumptive compensation for firefighters is an issue of special significance to the Greens.

Federal Greens leader Adam Bandt first fought for cancer compensation for firefighters when he was an industrial lawyer before entering politics.

And he successfully took this fight to Canberra when he passed the Federal Safety, Rehabilitation and Compensation Amendment (Fair Protection for Firefighters) Act in 2011, thereby establishing the first presumptive compensation scheme for firefighters in Australia and providing the model for subsequent schemes in many states.

While we are of course extremely proud of Adam’s work in establishing presumptive cancer compensation for firefighters in Australia, we recognise too that this is an issue that should always be above politics.

And, thankfully, recent history has indeed proved this to be one of those very rare issues, because while it was a Labor government in Tasmania that first followed the Commonwealth in passing state laws in 2012, it was also the Rockliff Liberal government that moved to expand those laws to include more forms of cancer earlier this year.

It was also a Liberal state government that passed the laws in New South Wales in 2018, while the Andrews Labor government did so in Victoria in 2019.

Further illustrating the non-partisan nature of the issue, I recognise the Hinch party introduced a bill to expand the Victorian scheme to cover the additional three female-specific cancers in 2022, which the current Victorian government announced that it would do this year.

I also recognise the Shadow Minister for Emergency Services and other members of this place’s genuine interest in this issue.

Even back in 2011, when Adam Bandt introduced the first Commonwealth bill, it was co-sponsored by both Russell Broadbent of the Liberal Party and Maria Vamvakinou of the Labor Party.

Therefore, it is in this spirit of multipartisanship that I can also inform the house that I will be writing to both the Minister for Emergency Services and the shadow minister this week to invite them to join me in co-sponsoring this bill.

I believe that we must continue to put politics to one side on this issue, as has been done in the past, to give the bill the best opportunity to pass through both houses of Parliament without further delay.

It may well be the case that such rare cooperation in Parliament can only occur when we are required to support the bravest members of our community that risk their lives to keep us safe. If this is true, I trust we will stand united in considering these proposed laws such an instance when we all must be able to summon sufficient goodwill to show we can work together.

Because we should all commend a fairer compensation scheme for Victorian firefighters, we should, therefore, all be commending this bill to the house.

Lee TARLAMIS (South-Eastern Metropolitan) (10:09): I move:

That debate on this bill be adjourned for two weeks.

Motion agreed to and debate adjourned for two weeks.