Document ID: chunk:federal_register_of_legislation:C2023A00120:clause:3_2
Version: federal_register_of_legislation:C2023A00120
Segment Type: clause
Provision Reference: sch 3 cl 2
Character Range: 143162–145666

2  At the end of section 7
Add:

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 suffering, or having suffered, from post‑traumatic stress disorder in accordance with the diagnostic criteria in:
 (i) the Diagnostic and Statistical Manual of Mental Disorders, fifth edition text revision (DSM‑5‑TR), published by the American Psychiatric Association in 2022; or
 (ii) if a later edition of the Diagnostic and Statistical Manual of Mental Disorders is specified by the Minister by legislative instrument—that later edition of the Manual; and
 (b) at any time before symptoms of post‑traumatic stress disorder became apparent, the employee:
 (i) was employed as a first responder in accordance with subsection (13); or
 (ii) was a member of a class of employees declared by the Minister, by legislative instrument made under subsection (13A), to be a class to which this subparagraph applies;
the employee's employment as a first responder or as a member of the class of employees declared under subsection (13A) is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the post‑traumatic stress disorder, unless the contrary is established.
 (13) For the purposes of subparagraph (11)(b)(i), an employee was employed as a first responder at a time if, at that time, the employee:
 (a) was the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police or an AFP employee (all within the meaning of the Australian Federal Police Act 1979); or
 (b) was employed as a firefighter; or
 (c) was employed as an ambulance officer (including as a paramedic); or
 (d) was employed as an emergency services communications operator; or
 (e) was a member of an emergency service (within the meaning of the Emergencies Act 2004 (ACT)); or
 (f) was the Australian Border Force Commissioner; or
 (g) was an APS employee in the Australian Border Force.
 (13A) If the Minister is satisfied that the incidence of post‑traumatic stress disorder among a class of employees is significantly greater than the incidence of post‑traumatic stress disorder among the general public, the Minister may, by legislative instrument, declare that class of employees to be a class of employees to which subparagraph (11)(b)(ii) applies.
 (14) Subsection (11) does not limit, and is not limited by, subsections (1) and (2).