Review of the Deemed Disease Legislative Instrument 2017
The Safety, Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2017 ('Deemed Diseases Instrument') is made under paragraph 7(1)(b) of the Safety, Rehabilitation and Compensation Act 1988 (the SRC Act). The purpose of subsection 7(1) is to permit the Minister to specify, in a legislative instrument, the circumstances in which employment is deemed to have contributed, to a significant degree, to the contraction of a disease suffered by an employee.
In August 2017, Dr Tim Driscoll provided to the department a supplementary report, Deemed Diseases approach – information to support the update of the Comcare Scheme's current deemed diseases legislative instrument as part of the development of the Deemed Diseases Instrument. Information contained in this report, particularly chapter 6 (Duration of exposure and latency), was used to develop the Instrument.
Dr Driscoll is an independent consultant in epidemiology, occupational health and public health, a specialist in occupational medicine and public health medicine, and a Fellow of the Australasian Faculties of Occupational and Environmental Medicine and Public Health Medicine.
Dr Driscoll was originally commissioned by Safe Work Australia to review the latest scientific evidence on the causal link between diseases and occupational exposures for use by Australian workers' compensation jurisdictions in relation to deemed diseases. That report can be found on the Safe Work Australia website.