Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  Capital territory.  The Committee notes with interest the information supplied by the Government to the effect that 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. Since the text of this amendment has not been received by the Office, contrary to the indication in the report, the Committee hopes that the Government will send a copy of the list of occupational diseases as amended with its next report.

2.  Western Australia.  In its previous comments concerning the conditions in which anthrax is recognized as an occupational disease, the Committee emphasized the need to list among activities liable to cause this infection the loading and unloading or transport of merchandise in general. The Government states that the regulations on safety and health at work adopted in 1996 refer to anthrax in the same terms as the schedule attached to the Convention. The Committee notes this information with interest. It would be grateful if the Government would supply a copy of the relevant provisions of the abovementioned regulations, which have not been received by the Office.

3.  Queensland.  In its previous comments, the Committee stressed that, contrary to the Convention, the legislation of Queensland does not recognize the presumption of occupational origin of the diseases for workers engaged in the occupations or industries mentioned in the right-hand column of the schedule of the Convention when they suffer from one of the diseases appearing in the left‑hand column of this schedule. It notes that the Government supplies no information on this matter. The Committee expresses once again the hope that the Government will be able to adopt very shortly this double-list system in order to ensure full application of the Convention.

4.  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 report that there has been no change in this regard. The Committee trusts that the Government will not fail to carry out the legislative amendments needed in order to ensure full application of the Convention on this point.

5.  New South Wales.  The Committee notes with interest that, according to the information supplied by the Government, silicosis with or without tuberculosis is included in Schedule 1 of the Workers’ Compensation (Dust Diseases) Act of 1942.