Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Western Australia. The Committee notes with satisfaction that Schedule 3 to the Workers’ Compensation and Injury Management Act 1981 has been amended to recognize the occupational nature of anthrax infection in relation with trades and occupations involving the loading, unloading or transport of merchandise in the same terms as the schedule attached to the Convention.

Queensland. The Committee observes once again that, contrary to the Convention, the legislation of Queensland does not recognize the presumption of occupational origin of the diseases listed by the Convention for workers engaged in the corresponding occupations or industries. It notes that, in its last report, the Government indicates that all workers are, however, considered for compensation under the Workers’ Compensation and Rehabilitation Act 2003, including the diseases listed in the schedule, where work is a significant contributing factor. While it takes due note of this information, the Committee wishes to stress that, based on scientific evidence, the presumption of occupational origin of the diseases listed by the Convention aims precisely to eliminate the need for workers employed in the corresponding trades and occupations to prove the occupational origin of these diseases. The Committee therefore urges the Government to re-examine the question and to take the necessary measures to bring the legislation into conformity with the Convention by adopting a list of diseases and corresponding trades covering at least those enumerated in the schedule to the Convention, so as to provide for the presumption of their occupational origin.

Australian Capital Territory. In its previous comments, the Committee noted that, according to the Government’s report, 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 and requested to receive a copy of the new table of occupational diseases as modified. It observes however that, by virtue of Schedule 1 to the Workers Compensation Regulation 2002 establishing the list of diseases related to employment, the occupational origin of anthrax infection is presumed only where employment is related to animals infected with anthrax; animal carcasses or parts of such carcasses; wool, hair, bristles or skins; or loading, unloading or transport of animals, animal carcasses or parts of such carcasses, or wool, hair, bristles or skins. The Committee is bound to recall in this respect that the Convention recognizes the occupational origin of anthrax infection whenever it affects workers involved in loading and unloading or transport of merchandise in general and not only in the trades listed in the above schedule listing the diseases related to employment, so as to protect workers who have to handle merchandise of such a varied nature that it would be difficult, if not impossible, to prove that the merchandise handled has been in contact with infected animals or parts of animals. The Committee therefore invites the Government to re-examine the question and to supply in its next report further information on the reasons to limit the presumption of occupational origin to the above listed trades and occupations as well as on the means available to workers involved in loading, unloading or transport of merchandise in general to establish, if necessary, the occupational origin of anthrax infection.

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 last report that there has been no change in this regard; disabilities, including anthrax infection, are compensable where, on the balance of probabilities, they have arisen out of, or in the course of, employment, including through the loading, unloading or transport of merchandise. The Committee takes due note of this information and invites the Government to refer to its remarks relating to Australian Capital Territory above.

The Committee notes from the detailed information provided in the report on the application of the Convention in the Commonwealth, New South Wales, Victoria, Queensland, South Australia, Western Australia, Australian Capital Territory and Northern Territory jurisdictions, that questions related to workmen’s compensation are regulated according to different approaches and in an uneven manner in different parts of the country; some applying the Convention fully while others only partially, as shown by the examples mentioned above. The Committee asks the Government to review the situation in order to ensure that the Convention is fully applied throughout the country, thereby also ensuring equal treatment of all workers protected by the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]

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

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.

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

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.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Tasmania. Following its previous comments, the Committee notes with satisfaction the adoption of the Workers' Compensation Act, 1988, schedule 4 of which contains a list of diseases presumed to be of occupational origin in accordance with Article 2 of the Convention and its appended schedule.

2. Capital Territory. In reply to the Committee's previous comments the Government states that, contrary to its previous report, the Workmen's Compensation Act, 1951 which covers private sector employees has not been amended in respect of the schedule of occupational diseases, and that no plans exist to amend it. It adds that in its opinion there are no shortcomings in the present legislation. The Committee notes this statement. It recalls that the Workmen's Compensation Act, 1951 does not include in the list of trades, industries or processes likely to cause anthrax infection "the loading and unloading or transport of merchandise", as mentioned by the schedule appended to Article 2 of the Convention, and that as regards the federal public sector employees, a similar shortcoming was resolved by the adoption of the Commonwealth Employees Rehabilitation Compensation Act, 1988. The Committee hopes, therefore, that the Government will reconsider its position and that it will be able to take the necessary measures, in accordance with its previously expressed intention, so as to bring the list of occupational diseases and corresponding occupations, contained in the Workmen's Compensation Act, 1951 into full conformity with the Convention on this point.

3. Western Australia. The Committee notes from the Government's report that its previous comments regarding the conditions in which anthrax is recognised as an occupational disease in the Workers' Compensation and Assistance Act, 1981 were forwarded to the Western Australian Tripartite Labour Consultative Council, which should state its opinion on amending the Act in question. The Committee once again hopes that the Government will be able to amend its legislation in accordance with the Convention in the near future.

4. Queensland. Since 1963, the Committee has been calling the Government's attention to the legislation in force in this State which, unlike the Convention, does not establish a presumption of the 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 notes that the new Workers' Compensation Act, 1990 which has replaced the Workers' Compensation Act, 1916, has brought no change in the legislation in that respect. The Government maintains its view that the definition of injury under the new Act covers all diseases of an occupational nature and is sufficiently broad to cover the diseases ennumerated in the Convention. In this situation the Committee is bound once again to express the hope that the Government will reconsider its position, in the light of the above-mentioned comments, so as to supplement the present workmen's compensation scheme for diseases with a double-list system, in conformity with the Convention.

5. South Australia. The Government indicates that South Australia has not yet completed its reply to the Committee's previous comments. It recalls that these comments have been pending since 1987. The Committee hopes, therefore, that the next report of the Government will indicate measures taken or contemplated to supplement the second schedule appended to the Workers' Compensation Act, 1971, as amended, by including as a process likely to cause anthrax "the loading, unloading or transport of merchandise", in conformity with the Convention.

6. New South Wales. The Committee notes that the Workers' Compensation Act of 1926 was replaced by the Workers' Compensation Act of 1987, section 19 of which provides for regulations to determine diseases deemed work related. Please indicate whether any such regulations have been issued and, if so, supply a copy of them.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Capital Territory. Further to its previous comments, the Committee notes with satisfaction that, as regards public sector employees, the Compensation (Commonwealth Government Employees) Act, 1971, was repealed on 1 December 1988 and replaced by the Commonwealth Employees' Rehabilitation and Compensation Act, 1988. It therefore notes that item 28 of the Schedule of Diseases contained in the Gazette Notice made pursuant to section 7, paragraph 1 of the 1988 Act provides that occupational infections or parasitic diseases (such as anthrax) are compensable in the same circumstances as those prescribed for such diseases in Convention No. 121.

As regards private sector employees in the now self-governing Capital Territory, the Committee notes that new legislation was still before the Legislative Assembly. It requests the Government to communicate a copy of this legislation as soon as it is adopted.

2. Western Australia. Further to its previous comments, the Committee notes with interest that the Workers' Compensation and Assistance Act, 1981 (Western Australia), has been amended to include in column 2 of Schedule 3 - Specified Industrial Relations - the description of conditions in which anthrax is recognised as an occupational disease. It notes however that the new wording refers, among the conditions that may cause this disease, to "the loading and unloading or transport of merchandise containing anthrax organisms", whereas the Convention covers these operations for all merchandise in general with a view to protecting workers who may unwittingly have handled infected merchandise, relieving them of the necessity to prove that they have been in contact with infected merchandise. The Committee hopes that the Government will be able to make the necessary amendments to ensure the complete application of the Convention on this point.

3. Queensland. Since 1963, the Committee has been calling the Government's attention to the legislation in force in this State which, unlike the Convention, does not establish a presumption of the 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 regrets to note once again that the Government limits itself to saying that there is no change to the views provided previously, namely that the Queensland Government still considers that the legislation of that State is sufficiently broad to ensure adequate protection of workers and should remain unchanged at present.

Concerning the possibility of ratifying Convention No. 121, the Committee draws again attention to the fact that Article 8 of this Convention enables each member State to choose between three procedures, i.e. either (a) to describe a list of diseases, comprising at least the diseases enumerated in schedule I of the Convention, which should be regarded as occupational diseases under prescribed conditions; or (b) to include in its legislation a general definition of occupational diseases broad enough to cover at least the diseases enumerated in schedule I to the Convention; or (c) to prescribe a list of diseases in conformity with clause (a), complemented by a general definition of occupational diseases or by other provisions for establishing the occupational origin of diseases not so listed or manifested under conditions different from those prescribed.

The Committee therefore expresses again the hope that while examining the possibility of ratifying Convention No. 121 the Government will take the necessary measures to review the present legislation, in accordance with the intention expressed previously so as to supplement the present workmen's compensation scheme for diseases with a double-list system, in conformity with the Convention.

4. Tasmania. The Committee notes that the Government's report contains no reply to its previous comments; it must therefore repeat these comments which read as follows:

The Committee noted that the State's existing legislation on workmen's compensation was still under review and that there had been no further development since the last report. The Committee therefore again expressed the hope that the review in question would soon be completed and that the list would include poisoning by alloys and compounds of lead, amalgams and compounds of mercury, compounds of phosphorous and arsenic and halogen derivatives of hydrocarbons of the aliphatic series, as well as all pathological manifestations due to radiation and also silicosis in association with tuberculosis, and that it would set out the industries or occupations likely to lead to the diseases covered by the Convention.

5. South Australia. The Committee notes that the Government's report contains no reply to its previous comments; it must therefore repeat these comments which read as follows: REPETITION START OF REPETITION

The Committee had noted the adoption of the Workmen's Compensation Act, 1971-82. It drew attention to the fact that the conditions in which anthrax is recognised as an occupational disease are limited to "loading or unloading or transport of animals infected or their parts" whereas the Convention covers on this point "loading, unloading or transport of merchandise" among the activities that may lead to anthrax infection. The Committee expressed the hope that the Government would be able to make the necessary amendments to ensure the complete application of the Convention on this point.

END OF REPETITION [The Government is asked to report in detail for the period ending 30 June 1991.]