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Monday, 12 August 2013 17:07

Presumptive legislation, the Firefighters’ Cancer Law

Update: 12 August 2013 - This update will assist VFBV delegates in having this discussion with local MPs and encouraging discussion amongst our broader volunteer network.

Sadly, Victoria is still lagging behind other states on presumptive legislation to provide a fairer and simpler path to compensation for volunteer and career firefighters who contract cancer.

The Victorian Government has indicated it is awaiting the results of new Monash University research, when even the researchers have indicated the wait is unnecessary (see below for what they had to say).

In the meantime, you may have seen a recent media report that Government estimates obtained in a Freedom of Information (FOI) application suggest an annual claims cost to CFA of $130 million if the legislation is passed.

VFBV finds that figure difficult to believe, given that evidence accepted by a Senate inquiry considering the federal legislation showed there has not been a rush of claims when overseas governments passed similar laws.

Whether you believe those estimated figures or not, fair protection for firefighters shouldn't be made impossibly hard just to save the Government money.

If the cost really is that high it is because the problem is real and the cost is being borne by sick firefighters and their families.  If that is the case, then it is not reasonable to leave them facing that cost if they contract cancer while protecting community. 

Progress in other states

Tasmania: The Tasmanian Labor Government has introduced draft legislation into Parliament, although the Bill is, in our opinion, quite flawed in that it requires arbitrary numbers of turnouts before a firefighter can qualify for coverage.  The Bill is set to come up in the Tasmanian Lower House in August and expected to pass with the support of Labor and the Greens – the Liberals have not yet stated their position.  The process may be more complicated in the Tasmanian Upper House, which has a significant number of independent MPs.  See the Tasmanian Government’s announcement here.

South Australia: Having initially refused to support a Bill introduced by the Greens on the basis that it was awaiting the results of new research by Monash University, the SA Labor Government has now introduced its own Bill.  The SA Government’s Bill excludes volunteers, with the SA Government saying it is awaiting additional scientific studies before considering them.  You can download the SA Government’s media release below.

Western Australia: The West Australian Liberal National Government has announced it will  introduce presumptive legislation to cover volunteer and career firefighters, based on the Federal Government legislation as is being sought by VFBV, and verbally advised WA volunteer representatives that it will apply from 1 July 2013.  See the WA Government’s announcement here.

Victoria lags behind

It is disappointing that the Victorian Government has not yet declared its support, even though draft legislation has been presented to our Upper House by the Greens, with the in-principle support of Labor.

The Victorian Government has indicated it is awaiting the result of new Monash University research, even though the Australian Senate has already accepted a considerable weight of overseas research, the Australian Parliament passed legislation in 2011 with the support of all of the major parties, and even the Monash University researchers say sufficient evidence already exists.

In a letter to the Greens, researchers Associate Professor Deborah Glass and Professor Malcolm Sim said; 

“…there is already good evidence from a very large number of previous human studies that work as a firefighter is associated with an increased risk of several types cancer…  …waiting for more research findings, especially in this situation where the results of many cancer studies in firefighters are already available, will lead to unacceptable delays, possibly extending into years. “

In the meantime, the Victorian draft legislation will return to the Upper House of Parliament on Wednesday 21 August 2013, with no guarantee it can proceed.  From a VFBV viewpoint the issue shouldn’t be delayed, no matter the outcome on 21 August.  If the Bill can be introduced in the Upper House then volunteers will be looking to the other political parties to support it – if the Bill can only be introduced in the Lower House, then it is up to the major parties to either introduce or support presumptive legislation there.

VFBV has worked to secure the support of all of the major parties for this important initiative, reflecting the all-party support the Federal legislation received in the Australian Parliament in 2011.

VFBV and the United Firefighters’ Union are running a joint campaign for presumptive cancer legislation to apply to all Victorian volunteer and career firefighters.  This issue is fundamental for all firefighters.

What you can do

We call on VFBV delegates across Victoria to contact their local MPs and ask for their active support for presumptive legislation to make the path to cancer compensation simpler and fairer for all Victorian firefighters.  We are asking all Victorian MPs to take up the issue – those who don’t support presumptive legislation should be able to tell you why they do not.

If an MP does not support presumptive legislation, VFBV delegates should ask for their feedback on the issue.  VFBV will inform our membership of the progress on this issue, including making a summary of feedback from MPs available on the VFBV website.

VFBV has prepared a detailed briefing that local delegates can hand to MPs when meeting with them.

VFBV is also working to inform the Premier, Minister and other key MPs, publicising the issue via the media, writing to all State MPs and keeping volunteers informed via our website, the VFBV newsletter, The Fireman and regular updates to VFBV State Councillors and District officials.

The next appearance in the Victorian Parliament

Volunteers can attend State Parliament on the afternoon of Wednesday, 21 August 2013, to hear the debate when the Greens’ proposed Bill returns to the Upper House during the afternoon.  VFBV is not organising an official event, but any presence of volunteers in the public gallery will emphasise the importance of the Bill.

Read 13988 times Last modified on Monday, 12 August 2013 17:14
CFA Volunteers are the unpaid professionals of our Emergency Services. VFBV is their united voice, and speaks on behalf of Victoria's 60,000 CFA Volunteers.

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