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Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Australia (RATIFICATION: 1959)

Western Australia. The Committee notes with satisfaction that Schedule 3 to the Workers’ Compensation and Injury Management Act 1981 has been amended to recognize the occupational nature of anthrax infection in relation with trades and occupations involving the loading, unloading or transport of merchandise in the same terms as the schedule attached to the Convention.

Queensland. The Committee observes once again that, contrary to the Convention, the legislation of Queensland does not recognize the presumption of occupational origin of the diseases listed by the Convention for workers engaged in the corresponding occupations or industries. It notes that, in its last report, the Government indicates that all workers are, however, considered for compensation under the Workers’ Compensation and Rehabilitation Act 2003, including the diseases listed in the schedule, where work is a significant contributing factor. While it takes due note of this information, the Committee wishes to stress that, based on scientific evidence, the presumption of occupational origin of the diseases listed by the Convention aims precisely to eliminate the need for workers employed in the corresponding trades and occupations to prove the occupational origin of these diseases. The Committee therefore urges the Government to re-examine the question and to take the necessary measures to bring the legislation into conformity with the Convention by adopting a list of diseases and corresponding trades covering at least those enumerated in the schedule to the Convention, so as to provide for the presumption of their occupational origin.

Australian Capital Territory. In its previous comments, the Committee noted that, according to the Government’s report, the Workmen’s Compensation Act of 1951 has been amended to include in the list of occupational diseases all the trades, industries or processes likely to cause anthrax infection and requested to receive a copy of the new table of occupational diseases as modified. It observes however that, by virtue of Schedule 1 to the Workers Compensation Regulation 2002 establishing the list of diseases related to employment, the occupational origin of anthrax infection is presumed only where employment is related to animals infected with anthrax; animal carcasses or parts of such carcasses; wool, hair, bristles or skins; or loading, unloading or transport of animals, animal carcasses or parts of such carcasses, or wool, hair, bristles or skins. The Committee is bound to recall in this respect that the Convention recognizes the occupational origin of anthrax infection whenever it affects workers involved in loading and unloading or transport of merchandise in general and not only in the trades listed in the above schedule listing the diseases related to employment, so as to protect workers who have to handle merchandise of such a varied nature that it would be difficult, if not impossible, to prove that the merchandise handled has been in contact with infected animals or parts of animals. The Committee therefore invites the Government to re-examine the question and to supply in its next report further information on the reasons to limit the presumption of occupational origin to the above listed trades and occupations as well as on the means available to workers involved in loading, unloading or transport of merchandise in general to establish, if necessary, the occupational origin of anthrax infection.

South Australia. In its previous comments, the Committee noted that the second schedule of the Workers’ Rehabilitation and Compensation Act, 1986, does not include the loading, unloading or handling of merchandise among the activities liable to cause anthrax infection. The Government indicates in its last report that there has been no change in this regard; disabilities, including anthrax infection, are compensable where, on the balance of probabilities, they have arisen out of, or in the course of, employment, including through the loading, unloading or transport of merchandise. The Committee takes due note of this information and invites the Government to refer to its remarks relating to Australian Capital Territory above.

The Committee notes from the detailed information provided in the report on the application of the Convention in the Commonwealth, New South Wales, Victoria, Queensland, South Australia, Western Australia, Australian Capital Territory and Northern Territory jurisdictions, that questions related to workmen’s compensation are regulated according to different approaches and in an uneven manner in different parts of the country; some applying the Convention fully while others only partially, as shown by the examples mentioned above. The Committee asks the Government to review the situation in order to ensure that the Convention is fully applied throughout the country, thereby also ensuring equal treatment of all workers protected by the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]