Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

1. Capital Territory. Referring to its previous comment, the Committee notes with interest from the Government's report that the Workmen's Compensation Act of 1951 is in the process of being amended to include in the list of trades, industries or processes likely to cause anthrax infection "the loading and unloading or transport of merchandise", as mentioned in the schedule appended to the Convention. It hopes that this modification will be adopted soon and requests the Government to supply a copy of the amendment once it is adopted.

2. Western Australia. Further to its previous comments concerning the conditions in which anthrax is recognized as an occupational disease, the Government states that the Western Australia Tripartite Labour Consultative Council has endorsed the amendment of the Workers' Compensation and Rehabilitation Act of 1981, and that the draft is in the process of being completed to fully comply with the provisions of the Convention. The Committee notes this information with interest. It hopes that the amendment will be adopted in the near future and would appreciate receiving a copy of the amended legislation once it is adopted.

3. Queensland. The Committee notes the Government's statement that the Workers' Compensation Board of Queensland intends to research the issue of a double-list system and will consider supplementing the present scheme with it. The Committee would like to stress the importance of adopting a double-list system to establish a presumption of occupational origin of the disease for workers engaged in the industries or occupations mentioned in the right-hand column of the schedule of the Convention, when they suffer from one of the conditions appearing in the left-hand column of this schedule. The Committee hopes once again that the Government will adopt a double-list system in the near future to give full effect to the provisions of the Convention.

4. South Australia. The Committee notes that the second schedule of the Workers' Rehabilitation and Compensation Act, 1986, does not include the loading, unloading, or handling of merchandise in the list of corresponding occupations for anthrax. It hopes that the Government will take the necessary measures to accordingly complete such list when the second schedule is next revised.

5. New South Wales. The Committee notes that the list of occupational diseases included in Schedule 2 of the (General) Regulation 1987 does not include silicosis with or without tuberculosis. The Committee requests information on what provisions exist to provide compensation for such diseases, in conformity with the Convention.