Document ID: chunk:federal_register_of_legislation:C2025C00175:section:13:p1
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 13 (pt 1/2)
Character Range: 65440–68194

13    A cancer of a kind prescribed for this table  The period prescribed for such a cancer

 (9) For the purposes of subsection (8):
 (a) an employee is taken to have been employed as a firefighter if the relevant authority is satisfied that firefighting or related duties made up a not insubstantial portion of his or her duties; and
 (b) an employee who was employed as a firefighter for 2 or more periods that add up to the qualifying period is taken to have been so employed for the qualifying period; and
 (ba) for an employee of the Australian Capital Territory specified in a declaration under subsection 5(15)—the employee is taken to have been employed as a firefighter during any period for which the employee was a member of a firefighting service; and
 (c) an employee is taken to have been employed as a firefighter only if he or she was employed as a firefighter by the Commonwealth, a Commonwealth authority or a licensed corporation.

 (9A) If a declaration under subsection (9B) is in force, then when determining for the purposes of paragraph 7(9)(a) whether firefighting or related duties made up a not insubstantial portion of the duties of an employee of the Australian Capital Territory, being an employee:
 (a) covered by paragraph 5(11)(e) or (ea) as a result of being a volunteer member (however described) of a body referred to in either of those paragraphs; or
 (b) specified in a declaration under subsection 5(15);
the relevant authority must:
 (c) by writing, request the declared ACT firefighting advisory committee to give the relevant authority written advice in relation to the matter within a reasonable period specified in the request; and
 (d) have regard to any such advice provided within that period.

 (9B) If the Chief Minister for the Australian Capital Territory so requests in writing, the Minister may, by legislative instrument, declare that a committee or other body (however described) that is established:
 (a) by or under an ACT enactment; or
 (b) by a written instrument made by a Minister (including the Chief Minister) of the Australian Capital Territory;
is the declared ACT firefighting advisory committee for the purposes of subsection (9A).

 (9C) A reference in subsection (9) or (9A) to the duties of an employee includes, in relation to an employee of the Australian Capital Territory specified in a declaration under subsection 5(15), a reference to the activities to which that subsection applies that were engaged in by the employee.
 (10) Subsection (8) does not limit, and is not limited by, subsections (1) and (2).

Post‑traumatic stress disorder suffered by certain employees
 (11) If:
 (a) an employee has been diagnosed by a legally qualified medical practitioner or psychologist as