Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Government explains in its report received in September 2010 that a national independent tripartite body, Safe Work Australia, has been set up in partnership with the state and territory governments, whose functions include the development of national policies on workers’ compensation and the formulation of proposals for the harmonization of workers’ compensation arrangements across jurisdictions. The Government points out that the issues raised by the Committee have been drawn to the attention of the concerned state and territory governments and these will also be considered in the broader context of the activities of Safe Work Australia. While taking note of the Government’s indication that workers’ compensation and occupational health and safety issues are primarily the responsibility of the legislature of the state and territory governments, the Committee observes that the responsibility to implement the Convention lies with the Government and hopes that the Government will spare no effort, within the new institution concerned with the harmonization of the legislation, to bring the state and territory legislations in conformity with the Convention.

Queensland. The Committee regrets to note that for many years the State Government of Queensland has failed to comply with the obligation contracted by Australia under Article 2 of the Convention to recognize the presumption of occupational origin of the diseases listed by the Convention for workers engaged in the corresponding occupations or industries, and to amend the Workers’ Compensation and Rehabilitation Act of 2003 accordingly. The Committee hopes that the State Government of Queensland will make an effort to consider the solutions implemented by other constituent territories of Australia, which are fully applying the Convention, and will amend the present workmen’s compensation scheme by supplementing it with a list of occupational diseases and corresponding trades covering at least all those enumerated in the Convention, so as to provide for the presumption of their occupational origin.

Australian Capital Territory. The Government states in its report received in August 2010 that Schedule 1 of the Workmen’s Compensation Act shall be amended at the end of 2010 to establish the presumption of the occupational origin of anthrax infection contracted in employment related to the loading and unloading or transport of merchandise in general. The Committee welcomes this report and requests the Government to supply a copy of the amended Act in the next report.

South Australia. The Committee invites the State Government of South Australia to follow the example of the Australian Capital Territory in expressly establishing in the legislation the presumption of the occupational origin of anthrax infection of workers employed in loading and unloading or transport of merchandise. The Committee notes that the aim of such recognition of the occupational origin of this infection consists precisely in freeing the worker concerned from the obligation to prove on the balance of probabilities that the disease has arisen out of employment.